reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 2 - CLASSIFICATION AND COMPENSATION › Section R13-5-203 - Pay Administration

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Base pay adjustment. An agency head may modify base pay by adding
				cost-of-living and other adjustment appropriated by the state Legislature. An
				agency head may also request that the Council revise the compensation plan to
				include other changes to base pay, as needed. After base pay adjustments are
				completed, an agency head may add special duty pay before computing an
				employee's pay rate.
B.
				Appropriated pay adjustment. Upon approval by the Council the agency head may
				apply some or all the appropriated funds to the compensation plan, if the
				appropriation bill does not include specific allocation instructions for an
				employee pay raise, or if the instructions are not applicable to the
				agency.
C. Special duty assignment.
				An agency head may supplement the base pay of an employee on a special duty
				assignment. Time spent on a special duty assignment counts toward an employee's
				length of service. An employee may receive special duty pay only for the period
				when the employee performs the required duties of the special duty
				assignment.
D. Return from special
				duty assignment or uncovered appointment. When an employee returns to a regular
				appointment from a special duty assignment or an uncovered appointment, the
				agency shall return the employee's pay to the employee's base pay earned before
				being assigned to a special duty assignment or uncovered appointment. If
				general pay adjustments or classification adjustments are approved while an
				employee is on a special duty assignment or serving in an uncovered
				appointment, the employee shall receive the adjustments.
E. Overtime pay. The agency head shall adopt
				an overtime policy and procedure consistent with federal regulations under the
				Fair Labor Standards Act, Arizona Revised Statutes, and this Chapter.
				Compensatory leave is accrued and used as provided by
				R13-5-505.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 2 - CLASSIFICATION AND COMPENSATION › Section R13-5-204 - Work Hours and Work Options

Current through Register Vol. 30, No. 28, July 12, 2024
Work hours and work breaks. An agency head may establish
				  different working hours for certain work groups and shifts in order to meet the
				  needs of the agency. In doing this, the agency head should consider such
				  factors as clean air directives, telecommuting, and flexible work hours. An
				  agency head shall establish a policy for "on-duty" and "off-duty" time
				  consistent with federal regulations under the Fair Labor Standards Act, Arizona
				  Revised Statutes, and this Chapter and provide procedures for recording time
				  worked and leave taken by an employee.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-301 - Recruitment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Recruiting an
				external applicant. When authorized by an agency head, Human Resources shall
				seek qualified applicants through open recruiting and competitive employment
				opportunities. Human Resources shall publish and distribute job announcements
				that include:
1. The classification title and
				pay;
2. The minimum
				qualifications;
3. The location of
				the assignment, if known;
4.
				Special requirements, if any;
5.
				Location of forms; and
6. The
				application deadline.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-302 - Examinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Examination
				plan. Human Resources shall develop an examination plan for each selection
				process. The business manager shall review and approve each examination plan.
				An applicant for the examination shall be notified of the examination plan.
				Once an examination begins, changes will not be made to the plan. If an
				examination plan needs to be altered, Human Resources shall terminate the
				current examination and initiate a new examination.
B. Examination guidelines. Human Resources
				shall obtain or develop a valid examination for each classification, and
				establish a weight and minimum qualifying requirement for each phase of the
				exam. The business manager shall review and approve each examination before the
				examination is administered. A competitor shall achieve the minimum
				requirements on each phase of an examination before progressing to the next
				phase. A competitor shall achieve a passing score on each phase before
				qualifying for a classification.
C.
				Notifying an applicant. Human Resources shall notify a qualified applicant of
				the following information:
1. The date, time,
				and location of each examination;
2. The number of phases included in the
				examination;
3. Other
				pre-employment requirements; and
4.
				How to request special accommodations for persons with a disability.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-303 - Applicant Preference Points

Current through Register Vol. 30, No. 28, July 12, 2024
If an applicant receives a passing score on an examination
				  and has qualified for placement on an employment list, Human Resources shall
				  add the preference points authorized by A.R.S. §
									38-492 to
				  the applicant's final score, provided the applicant submits official
				  documentation of eligibility for preference points. Preference points shall not
				  apply to a promotional examination.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-304 - Employment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Establishing an
				employment eligibility list. Human Resources shall develop, and the business
				manager shall establish, employment eligibility lists for various
				classifications, as needed. For each list, Human Resources shall arrange the
				names of competitors in descending order of the competitors' final examination
				scores.
B. Establishing a list in
				case of ties. If two or more competitors receive the same rating in an
				examination, the competitor's names shall be placed on the list according to
				their respective ratings on the portion of the examination with the greatest
				weight. If a tie still exists, the names shall be placed on the list at the
				same position, in alphabetical order.
C. Reviewing the employment eligibility list.
				Human Resources shall submit an employment eligibility list to the business
				manager for approval and certification.
D. Notification to candidate. When an
				employment eligibility list is certified by the business manager, Human
				Resources shall notify a candidate of the candidate's relative ranking on the
				list.
E. Duration of an eligibility
				list. Each new or merged list remains in effect for 18 months from its
				effective date. Before a list expires, the Council may cancel the list.
1. Restoring a list. If a need arises and a
				current list is not available, the Council may restore a list that expired or
				was canceled within the past six months.
2. Merging a list. Except for the
				classifications described in subsection (E)(3), if three or fewer candidates
				remain on an existing list, Human Resources may establish a new list and merge
				the existing list with the new list. When the merged list is established, Human
				Resources shall rearrange the names in descending order of the candidates'
				final scores and notify each candidate of the candidate's relative ranking.
				Human Resources shall remove a candidate's name from the new list on the
				expiration date of the candidate's original list.
3. Conducting continuous or periodic testing.
				If the Council determines that a classification requires continuous or periodic
				testing, the business manager may authorize Human Resources to conduct
				examinations regardless of the existence of an employment list in that
				classification. Human Resources shall merge the names of candidates tested with
				names on the existing employment list for that classification as described in
				subsection (E)(2).
4. Retesting a
				merged candidate. If another examination for the same classification is held
				before the prior list expires, a merged candidate from the prior list may take
				the examination. If the candidate passes the test, Human Resources shall place
				the candidate on the list according to the new score. The candidate shall
				remain on the list for its duration.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-305 - Promotion

Current through Register Vol. 30, No. 28, July 12, 2024
A. Announcing a
				promotional examination. Human Resources shall publish an agency-wide
				announcement when initiating development of an internal eligibility list. An
				announcement shall include the information in
				R13-5-301(A).
B. Applying for promotion. An employee may
				compete for a place on an internal eligibility list by submitting an internal
				application form to Human Resources by the application filing deadline.
1. An employee is eligible to take a
				promotional examination if the employee:
a.
				Satisfactorily completes initial probation by the application filing
				deadline;
b. Meets or exceeds the
				minimum qualifications for the classification; and
c. Receives a standard or above standard
				performance evaluation for the latest rating period.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-306 - Reassignment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Reassignment
				application. An employee may request reassignment to a different classification
				with the same or a lower pay range by submitting an application to Human
				Resources documenting the employee's qualifications. An application for
				reassignment can be obtained from Human Resources.
B. Qualification screening. Human Resources
				shall determine whether the employee meets the minimum qualifications of the
				classification. Unless the employee has previously held permanent status in a
				classification, Human Resources shall require the employee to pass an
				examination for the requested classification. Any employee required to test may
				request an examination review under R13-5-305(D), (F), and (H).
C. Eligibility list. If the employee
				qualifies, Human Resources shall place the candidate's name on an appropriate
				internal eligibility list under
				R13-5-305(J) and
				(K).
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-307 - Reinstatement

Current through Register Vol. 30, No. 28, July 12, 2024
A. Reinstatement
				list. An employee may apply for reinstatement within one year from the date of
				separation. Upon approval of the agency head, Human Resources shall place the
				former employee's name at the bottom of a reinstatement list for the last
				classification held by the employee and any previous or closely related
				classifications for which the employee is qualified.
B. Duration of the list. A reinstatement list
				shall remain in force for a maximum of 18 months.
C. Background investigation. All candidates
				for reinstatement shall pass a background investigation.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-308 - Hiring Preference

Current through Register Vol. 30, No. 28, July 12, 2024
A. Order
				of lists. When an agency head authorizes filling a vacant position, Human
				Resources shall notify the manager who is filling the vacancy of any employees
				requesting a transfer to the vacant position. After considering a transfer
				request, or if there are none, the manager may request a list of candidates for
				the position from available eligibility lists in the following order of
				preference:
1. Reappointment list,
2. Reassignment list,
3. Recall list,
4. Internal list,
5. Reinstatement list, and
6. Employment list.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-309 - Selection

Current through Register Vol. 30, No. 28, July 12, 2024
A. Selecting a
				candidate. The manager shall follow the interview and selection policy provided
				by Human Resources.
B.
				Interviewing. A manager who is filling a vacancy shall interview all candidates
				requesting a transfer, and may interview up to three candidates from each
				certified list.
C. Additional
				names. If the manager rejects all initial candidates, the manager shall
				document job-related reasons for their rejection and submit the interview forms
				to Human Resources. If Human Resources agrees with the manager's reason for
				rejection, Human Resources shall refer up to 3 more names from each certified
				list.
D. Selection of cadet
				officer. A candidate who receives a job offer for a position covered under
				R13-5-312(E)
				and is not disqualified during the background investigation shall be appointed
				to the classification by the agency head.
E. Documenting the selection. Upon making a
				selection, the hiring manager shall complete the documentation and return all
				interview and selection materials to Human Resources.
F. Record retention. Human Resources shall
				retain interview and selection records under a records retention and
				disposition schedule approved by the Department of Library, Archives, and
				Public Records.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-310 - Pre-employment Processing

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Pre-employment screening. Before appointment to a position, a candidate shall
				successfully pass a background investigation and any other examination
				considered appropriate by the agency head.
B. Withdrawal from selection process. If a
				candidate elects to withdraw from the selection process, Human Resources shall
				document the candidate's withdrawal.
C. Failing to successfully complete an
				examination. If a candidate fails to successfully complete any of the
				requirements in subsection (A), Human Resources shall document the failure and
				disqualify the candidate.
D. Final
				processing. When a candidate passes all the pre-employment requirements, Human
				Resources shall prepare and submit the appropriate forms to the agency head for
				approval.
E. Declining position
				offers. Human Resources may remove from a certified list any candidate who
				declines an appointment offer.
F.
				Requesting accommodation. If a selected candidate requests a special
				accommodation under state or federal law, Human Resources shall confer with
				appropriate personnel to determine if a reasonable accommodation is
				possible.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-311 - Appointments

Current through Register Vol. 30, No. 28, July 12, 2024
A. Required oath of
				office. An appointee shall read the oath described in A.R.S. §
									38-231(G)
				 and agree in writing to uphold the office
				before the agency head, or a designee authorized to administer an
				oath.
B. Refusal to take oath. Any
				person who refuses or fails to take the oath required by this Section within
				the time provided shall forfeit the right to the position.
C. Filing of oath. When the oath is signed by
				an appointee, Human Resources shall file the oath in the employee's personnel
				file.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-312 - Limited-term Appointments

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Limited-term appointment. After successfully completing initial probation, an
				appointee to a limited-term position obtains the rights of a permanent
				employee, except for the opportunity to compete for retention against regular
				employees in a case of layoff due to a reduction-in-force.
B. Employing a limited-term candidate. An
				eligible candidate is employed based upon the candidate's position on the
				eligibility list and the candidate's willingness to accept a limited-term
				appointment.
C. Separation. The
				agency may separate a limited-term employee at the expiration of the
				appointment by notifying the employee in writing. If a provisional or an
				intermittent employee remains employed in the same classification, the agency
				shall not separate a limited-term employee except for reasons listed in A.R.S.
				§
									41-1830.15.
D. Effect of transfer or promotion.
1. A limited-term employee who transfers or
				promotes from a limited-term position to a non-limited-term position shall
				obtain the rights of a permanent employee. Time spent in a limited term
				position is counted as service time in cases of layoff due to a
				reduction-in-force.
2. An employee
				who transfers or promotes from a non-limited-term position to a limited-term
				position shall retain the rights of a permanent employee. Time spent in a
				limited-term position is counted as service time in case of layoff due to a
				reduction-in-force.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-313 - Provisional Appointments

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Provisional appointment. When no employment or internal list is available, an
				agency head may make a provisional appointment. A provisional appointment
				continues only until an eligibility list is certified by the business
				manager.
B. Length of appointment.
				Within 12 months of a provisional appointment, Human Resources shall conduct an
				appropriate examination and establish an eligibility list for a classification
				with a provisional appointee.
C.
				Separation. Upon separation from a provisional appointment, an employee shall
				have no right of appeal to the Council for review of the agency head's
				action.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-314 - Intermittent Appointment

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Intermittent position. When an agency head needs a person to work on an
				intermittent or irregular basis, the agency head shall request a list of
				candidates for intermittent appointment. An applicant who meets the minimum
				qualifications and indicates willingness to accept the terms of intermittent
				employment shall be placed on an eligibility list for selection to an
				intermittent position.
B. For the
				purposes of this Section, an intermittent employee means an employee in an
				intermittent position.
C.
				Establishing an intermittent employment list. The business manager shall
				establish an intermittent employment list, as follows:
1. An employee who leaves an agency may be
				placed on an intermittent employment list for a classification the employee
				previously held. The employee shall not be required to take an examination to
				be placed on an intermittent employment list if the request is received within
				one year from the time the employee left that classification and the employee's
				last evaluation in that classification was standard or above.
2. An employee who is reassigned or promoted
				to another classification may be placed on an intermittent employment list for
				the classification previously held. The employee shall not be required to take
				an examination to be placed on an intermittent employment list if the request
				is received within one year from the time the employee left that classification
				and the employee's last evaluation in that classification was standard or
				above.
3. The business manager
				shall establish an intermittent employment list in the same manner as an
				employment eligibility list.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-315 - Employee Conduct

Current through Register Vol. 30, No. 28, July 12, 2024
A. Standards of
				conduct. An employee shall perform the duties and responsibilities of the
				employee's assigned classification and position. An employee shall comply with
				applicable laws, rules, and agency policy. An employee shall demonstrate
				respect, fairness, diligence, impartiality, courtesy, efficiency, and integrity
				in all contacts with the public and other employees.
B. Fitness for duty. If a supervisor has
				reasonable doubt that an employee is psychologically or physically able to
				perform the essential duties of the position, the supervisor shall request the
				agency head's permission to have the employee evaluated by a psychologist or
				physician determined by the agency. Upon approval, Human Resources shall
				schedule an appointment, and the employee shall submit to an evaluation. The
				examiner shall provide the agency head with conclusions, recommendations, and
				other information necessary to decide whether the employee is fit for
				duty.
C. Political activity. An
				agency employee shall not violate the provisions of A.R.S. §
									41-772
				concerning permissible and improper political activity.
D. Conflict of interest. An agency employee
				shall not violate the conflict of interest provisions of A.R.S. §§
									38-501,
				38-502,
				38-503,
				and
				38-504
				while engaged in outside activities or employment.
E. Nepotism. An employee or candidate for
				employment shall not be appointed to any position in violation of A.R.S. §
									38-481,
				nor shall an employee misuse or abuse appointment privileges.
F. Attending Council meetings. With
				supervisory approval, an employee may attend a meeting of the Council during
				working hours if the employee is an interested party in a matter scheduled for
				consideration. The employee may have another representative assist in the
				presentation before the Council.
G.
				Employee organization attendance at Council meetings. The agency head may
				authorize a recognized employee organization to send at least one
				representative to each Council meeting during working hours.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-316 - Probation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Initial
				probation. An employee shall serve an initial probationary period of 12 months.
				Time spent in a special limited term position does not count toward the initial
				probation in an officer classification.
B. Promotional probation. An employee shall
				serve a promotional probationary period of 12 months.
C. Effects of reclassification on probation.
				The probationary status of an employee reclassified as a result of a
				classification and compensation maintenance review under
				R13-5-201(H)
				is as follows:
1. A permanent status employee
				shall not be required to serve a new probationary period if the employee
				continues to perform the same duties previously performed in the reclassified
				position.
2. A probationary
				employee shall continue to serve the probationary period.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 3 - EMPLOYMENT › Section R13-5-317 - Performance Evaluations

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Establishing a performance evaluation program. The Council shall adopt and an
				agency shall administer a performance evaluation program. The program shall
				include a rating system that informs the agency head and the employee of the
				employee's relative level of performance. The evaluation program shall include
				training on how to achieve and maintain standard performance and how to improve
				performance.
B. Performance
				evaluation manual. The Council shall provide a manual that provides clear and
				concise guidelines for objectively measuring and reporting employee
				performance. Only the Council may authorize a revision of the manual. Each
				employee shall receive a copy of the manual, which includes evaluation
				procedures and forms.
C. Frequency
				of evaluation. A supervisor shall evaluate and give each permanent-status
				employee a written performance evaluation at least one time in each 12 month
				period. A supervisor shall evaluate a probationary employee at least one time
				in each six-month period.
D. Effect
				of failure to evaluate. If an employee's supervisor fails to evaluate the
				employee, or fails to evaluate the employee by the end of the rating period,
				the employee shall be given no less than a standard evaluation for that
				period.
E. Grieving an evaluation.
				An employee who receives a less than standard rating may file a grievance with
				the agency head. If the grievance is denied by the agency head, the employee
				may grieve to the Council any overall rating that:
1. Is less than standard,
2. Would cause a reduction in pay,
				or
3. Would result in withholding
				or postponing a salary adjustment.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 4 - ASSIGNMENTS › Section R13-5-401 - Special Duty Assignment

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				General. An agency head may assign an employee to a special duty assignment in
				the employee's current classification or a higher classification. A special
				duty assignment is temporary and is not a promotion.
B. Pay and eligibility. An agency head may
				add special-duty pay to the employee's base pay. If the special duty assignment
				is for a different or higher classification, the agency head may authorize a
				pay rate within that classification. A special duty assignment is subject to
				the following conditions:
1. The assigned
				employee meets the minimum requirements of the special duty classification;
				and
2. The assigned employee
				performs the duties of the assigned classification.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 4 - ASSIGNMENTS › Section R13-5-402 - Uncovered Appointment

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Authorization. An agency head may authorize an employee to temporarily accept
				an uncovered appointment within:
1. The
				agency,
2. Another state
				agency,
3. The Governor's
				office,
4. The Legislature,
				or
5. Another government
				agency.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 4 - ASSIGNMENTS › Section R13-5-403 - Transfer of an External Function

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Transferring a function. If a state program is transferred into an agency, the
				losing agency shall pay a transferring employee for all accrued compensatory
				leave as of the date of the transfer. Effective on the date of transfer, the
				losing agency shall also transfer sufficient funds to the receiving agency to
				pay for accrued annual leave, recognition leave, and sick leave of a
				transferring employee.
B. Council
				action. The business manager shall determine the classification of a
				transferring employee and recommend that the Council adopt other
				classifications that need to be added or revised.
C. Transferee status. A transferee shall
				retain accrued annual leave, recognition leave, sick leave, and length of state
				service. A transferee shall also retain the transferee's current rate of pay
				until the Council reviews and approves a new or existing compensation
				schedule.
D. Appointing a
				transferee. An agency head shall determine the organizational placement of a
				transferred program and appoint each transferee to an appropriate
				position.
E. Probation. A
				transferee on probation at the time of the transfer shall complete the
				transferee's probationary period under
				R13-5-316
				before obtaining permanent status.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-501 - Employee Leave Guidelines

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Accrual of leave. An employee may accrue the following types of paid leave:
1. Annual leave,
2. Holiday leave, and
3. Sick leave.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-502 - Administrative Leave

Current through Register Vol. 30, No. 28, July 12, 2024
An agency head may authorize administrative leave with
				  pay:
1. During a disaster, state of
				emergency, or a day of mourning declared by the Governor;
2. When an employee is instructed to not
				report for duty, or to return home because of a hazardous condition;
				or
3. To temporarily relieve an
				employee from duty for the good of the agency or the employee.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-503 - Annual Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Computing
				length of service. For determining an annual leave accrual rate, an employee's
				length of service shall begin on the first day of the first qualifying pay
				period of employment. Only a qualifying pay period is counted before and after
				a break-in-service. Previous periods of service as a state employee are counted
				toward annual leave accrual. Periods of military leave and active military
				service are included in computing annual leave if the employee meets the
				requirements of A.R.S. §
									38-610.
B. Accruing annual leave. A full-time
				employee shall accrue annual leave under the following schedule:
Beginning
Completion
Biweekly accrual rate
1st year
5th year
4.62 hours
6th year
10th year
5.54 hours
11th year
20th year
6.47 hours
21st year
7.39 hours
C.
				Progression of annual leave. An employee shall progress to the next higher
				accrual rate on the first day of the pay period following completion of the
				required length of service.
D.
				Using annual leave. An employee may use accrued annual leave under state and
				federal law and agency policy. The employee shall schedule the use of accrued
				annual leave through the employee's supervisor.
E. Maximum accumulation and disposition. An
				employee may accumulate annual leave without limit during a year. At the end of
				each year, an employee's annual leave balance shall not exceed 360 hours. It
				shall be the responsibility of each employee to schedule annual leave to avoid
				having a balance over 360 hours at the end of the year. If an employee's annual
				leave balance on January 1 exceeds 360 hours, the agency head may withdraw the
				excess and deposit the hours as sick leave in the employee's sick leave
				balance. The agency head may authorize a later date for conversion of excess
				annual leave if an employee's duty assignment, receipt of recognition leave,
				injury, or illness prevents timely use of annual leave.
F. Compensation for unused leave. Upon
				separation from agency employment, an employee is paid for any unused annual
				leave remaining in the employee's account at the average rate received by the
				employee in the last three years of the employee's employment or the employee's
				current rate of pay, whichever is higher.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-504 - Civic Duty

Current through Register Vol. 30, No. 28, July 12, 2024
A. Voting.
				Under conditions outlined in A.R.S. §
									16-402,
				an employee may be absent with pay for the time required to vote.
B. Jury duty. An employee shall report for
				jury duty as directed by a summons unless officially excused by the Jury
				Commissioner for reasons under A.R.S. §
									21-202.
				When summoned, the employee shall notify or provide the immediate supervisor
				with a copy of the summons.
1. While on jury
				duty, an employee is considered absent with pay.
2. Upon receipt of a summons for jury duty, a
				commissioned employee shall notify the Jury Commissioner of the employee's
				peace officer status.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-505 - Compensatory Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Compensatory
				leave. An agency shall establish policies and guidelines for accruing
				compensatory leave under the overtime provisions of the Fair Labors Standards
				Act.
B. Using compensatory leave.
				An employee may use accrued compensatory leave under state and federal law and
				agency policy. The employee shall schedule the use of accrued compensatory
				leave through the employee's supervisor.
C. Payment upon separation. Upon separation
				from an agency, an employee shall be paid for any accrued compensatory leave
				remaining in the employee's account at the average rate received by the
				employee in the last three years of the employee's employment or the employee's
				current rate of pay, whichever is higher.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-506 - Donated Annual Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions for purposes of this Section:
1.
				"Recipient" means an employee in the same agency as a donating employee or a
				family member of the donating employee who is employed in another agency,
				department, board, or commission.
2. "Family member" means a spouse, natural
				child, adopted child, foster child, stepchild, natural parent, stepparent,
				adoptive parent, grandparent, grandchild, brother, sister, sister-in-law,
				brother-in-law, son-in-law, daughter-in-law, mother-in-law, or
				father-in-law.
3. "Immediate
				family" means a spouse, child, brother, sister, natural parent, stepparent,
				adoptive parent, or an individual for whom a recipient has legal
				guardianship.
4. "Extended illness
				or injury" means a period of at least three consecutive weeks to a maximum of
				six consecutive months.
5.
				"Seriously incapacitating" means an illness or injury that renders an employee
				unable to perform the employee's duties, or that confines an immediate family
				member to home or hospital.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-507 - Holiday Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Paid
				holidays. An agency shall observe the holidays authorized under A.R.S. §
									1-301.
B. Eligibility. To be eligible for holiday
				leave, a full-time employee shall be in pay status for 10 or more hours in the
				work week in which the holiday occurs. A part-time employee shall be in pay
				status for five or more hours in the work week. The holiday hours that would be
				accrued cannot be used to satisfy any part of this requirement.
1. If a holiday occurs on an employee's
				regular work day, the employee may be absent with pay for the number of hours
				the employee is regularly scheduled to work, up to a maximum of eight hours,
				unless the employee is required to work to maintain essential state
				services.
2. An employee required
				to work on a holiday shall receive pay for the time worked, and leave hours for
				the number of hours regularly scheduled to work on that day, up to a maximum of
				eight hours.
3. If a holiday occurs
				on a day when an employee is scheduled to work, but the employee is unable to
				work because of an illness or injury, the employee may take sick leave and
				accrue holiday leave credits as provided under subsection (C) for the number of
				hours regularly scheduled to work on that day, up to a maximum of eight
				hours.
4. An employee not scheduled
				to work on a holiday shall receive leave credits up to a maximum of eight
				hours.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-508 - Industrial Leave

Current through Register Vol. 30, No. 28, July 12, 2024
An agency shall establish policies and procedures to comply
				  with statutes regulating industrial leave under A.R.S. §
									23-901,
				  et seq. and A.R.S. § 23-1043.02.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-510 - Leave without Pay

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Short-term leave without pay.
1. An agency
				head shall place an employee on leave without pay when the employee is unable
				to report to work due to illness or non-industrial injury and the employee has
				no accrued or donated leave balance to cover the absence. The supervisor may
				require the employee to submit supporting documentation for sick leave without
				pay. If the absence exceeds five working days, the employee must request leave
				without pay as outlined in subsection (A)(2) of this Section.
2. An employee may request a leave of absence
				without pay of 30 working days or less by notifying the employee's manager as
				soon as possible and submitting a signed memorandum. The employee shall include
				the reason for the request and the employee's intended departure and
				return-to-duty dates. The agency head may approve or deny the request and may
				set a date for the employee's return. If the leave is approved, the employee's
				manager shall notify the employee in writing, including any stipulation of
				approval. If the employee returns on schedule, the employee shall retain the
				position held before the leave of absence.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-511 - Military Leave of Absence

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Privileges of military service. An employee shall receive all rights provided
				by state and federal law for a military leave-of-absence under A.R.S. §
									26-168
				and A.R.S. §
									38-610.
B. Notifying the agency. An employee
				expecting an assignment to military duty shall notify the immediate supervisor
				as soon as possible. Upon receiving orders to report, the employee shall submit
				a copy of the orders and a written request for military leave to the employee's
				supervisor. The supervisor shall process the request under the agency's policy
				and procedure for a military leave-of-absence.
C. Extended military leave. If an employee's
				orders for active duty exceed the time limit for paid military leave, the
				employee may request to use accrued leave or leave without pay for the
				remainder of the military leave.
D.
				Returning to position. Upon return from military leave-of-absence, an agency
				head shall restore an employee to the position held before the military
				leave-of-absence, or to a similar position within the employee's
				classification.
E. Promotion. Upon
				return from a military leave-of-absence, an employee may be promoted by the
				agency head if the employee's name was on a promotional list at the time of
				activation into military service.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-512 - Recognition Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Employee
				recognition. An agency head may grant paid time off as part of recognition
				given to worthy employees under a formal awards program, or as an incentive for
				continued superior performance. The agency shall publish recognition leave
				guidelines for annual nominations, selections, and awards.
B. Adding to leave balance. An employee
				awarded recognition leave shall receive annual leave hours added to the
				employee's leave balance.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 5 - EMPLOYEE LEAVE › Section R13-5-513 - Sick Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions.
				The following definitions shall apply in this Section:
1. "Family sick leave" means:
a. Providing personal care or attending to an
				employee's family member who has a serious illness, injury, or temporary
				disability;
b. A medical
				appointment for a family member or transporting of a family member to a medical
				appointment by a licensed health care provider; or
c. Attendance at the death or funeral of an
				employee's family member.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 6 - GRIEVANCES › Section R13-5-601 - Agency Grievance System

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				General. The agency shall provide a system for considering and responding to an
				employee grievance regarding classification, compensation, performance
				evaluation, and application of Council rules.
B. Denial. When an agency head denies an
				employee grievance regarding classification, compensation, performance
				evaluation, or application of Council rules, the agency head shall notify the
				Council.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 6 - GRIEVANCES › Section R13-5-602 - Council Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. The
				Council shall only review a grievance related to classification, compensation,
				employee appraisal system, and application of Council rules after the employee
				exhausts the remedies in the agency's grievance process. If the grievance
				remains unresolved, the employee may file a request for Council review within
				20 days after the employee receives the agency's notice of denial of the
				grievance.
B. Procedure. An
				employee shall submit a written request for Council review of a grievance.
1. The employee's request shall include:
a. The specific relief sought by the
				employee;
b. The asserted factual
				basis for relief, and
c. An account
				of the agency's response during the internal grievance process.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 7 - DISCIPLINE AND APPEALS › Section R13-5-701 - Causes for Discipline

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				causes for discipline for employees are found in A.R.S. §
									41-1830.15.
B. The causes for discipline for covered
				employees are found in A.R.S. §
									41-773.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 7 - DISCIPLINE AND APPEALS › Section R13-5-702 - Disciplinary Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Receiving a complaint. A person may file a complaint with an agency asserting
				that an employee engaged in activity constituting cause for discipline and
				requesting that the agency head take appropriate disciplinary action against
				the employee or covered employee.
B. Initiating disciplinary action. An agency
				head may take appropriate disciplinary action against an employee for any cause
				listed in A.R.S. §
									41-1830.15
				or against a covered employee for any cause listed in A.R.S. §
									41-773.
C. Interview of an employee. In conducting an
				interview of an employee being investigated for possible disciplinary action,
				an agency shall comply with A.R.S. §
									38-1104.
D. Time limit for filing a disciplinary
				action. An agency shall not file a disciplinary action later than 180 days
				after the date the agency discovers or should have discovered that the employee
				engaged in alleged activity constituting cause for discipline. The disciplinary
				action is deemed to be filed when the notice is filed with the
				Council.
E. Exceptions to the
				180-day rule.
1. The time limit in subsection
				(D) does not run:
a. During the time that any
				criminal investigation or prosecution is pending in connection with the act,
				omission or other allegation of misconduct; or
b. During the period of time in which an
				employee or covered employee who is involved in the investigation is
				incapacitated or otherwise unavailable; or
c. During the period prescribed in a written
				waiver of the limitation by the employee or covered employee; or
d. During emergencies or natural disasters
				during the time period in which the governor has declared a state of emergency
				within the jurisdictional boundaries of the concerned employer; or
e. During a multijurisdictional
				investigation, the time limit may be extended for a period of time reasonably
				necessary to facilitate the coordination of the employers involved.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 7 - DISCIPLINE AND APPEALS › Section R13-5-704 - Rehearing of Council Decision Regarding Employees

Current through Register Vol. 30, No. 28, July 12, 2024
A. Motion for rehearing.
1. Except as provided in subsection (C), any
				party in a contested case or appealable agency action may file a written motion
				for rehearing within 30 days after service of the decision. The requesting
				party shall specify the grounds for a rehearing, as provided in subsection (B).
				A respondent may file a response to the motion within 15 days after
				service.
2. A party filing a
				post-hearing motion shall include references to the record where
				appropriate.
3. The Council may
				require the parties to file written memoranda upon the issues raised in the
				motion and may permit oral argument.
4. The Council may grant a rehearing on all
				or part of the issues. If a rehearing is granted, the Council shall specify the
				grounds for the rehearing, and the rehearing shall cover only those
				matters.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 7 - DISCIPLINE AND APPEALS › Section R13-5-705 - Time Limits

Current through Register Vol. 30, No. 28, July 12, 2024
Computation of time limits. In computing any period of time
				  prescribed or allowed by this Chapter the day of the act or event from which
				  the designated period or time begins to run shall not be included. The last day
				  of the period so computed shall be included, unless it is a Saturday, a Sunday,
				  or a legal holiday, in which event the period runs until the end of the next
				  day which is not a Saturday, a Sunday, or a legal holiday.