Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 5 - Law Enforcement Merit System Council › Article 1 - GENERAL PROVISIONS › Section R13-5-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Chapter, unless otherwise specified, the following
				  terms mean:
"Abandonment of position" means failure of an employee to
				  report to work for a period of five consecutive working days without
				  authorization from the employee's supervisor or manager and without good
				  cause.
"Abilities" means general traits or capabilities an
				  individual possesses when beginning the performance of a task.
"Agency" means any governmental organization subject to the
				  rules of the Law Enforcement Merit System Council.
"Agency head" means the chief executive officer or director
				  of any agency placed under the rules of the Law Enforcement Merit System
				  Council.
"Allocate or allocation" means the placement of a position to
				  a classification based on the duties and responsibilities of the
				  position.
"Annual leave" means the leave time accrued biweekly by an
				  employee based on the number of years of state service and may include holiday
				  leave and recognition leave.
"Appeal" means an employee's request for Council review of a
				  disciplinary action.
"Applicant" means a person who has applied for an opportunity
				  to compete for a position.
"Appointment" means the placement of a candidate or employee
				  into a classified position.
"Background investigation" means an inquiry to determine the
				  character of a potential employee and may include verification and review of
				  identity, education, employment history, personal references, credit rating,
				  criminal history, and driving record.
"Break-in-service" means a period of absence from agency
				  service of more than 240 consecutive working hours resulting from an employee's
				  resignation, retirement, suspension, layoff, or leave of absence without
				  pay.
"Business day" means the hours between 8:00 a.m. and 5:00
				  p.m., Monday through Friday, excluding observed state holidays.
"Business manager" means the individual responsible for
				  administering the affairs of the Council.
"Candidate" means an applicant who qualifies for a place on
				  an eligibility list.
"Certified list" means the names of qualified candidates on
				  an eligibility list who are willing to accept an appointment.
"Civilian employee" means a person who is appointed to a
				  classification that does not require peace officer status.
"Classification" means one or more positions requiring the
				  same minimum qualifications, knowledge, skills, and abilities that have the
				  same title and pay range.
"Classification date" means the effective date of an
				  employee's appointment to a classification.
"Classification specification" means the classification's
				  title or rank, classification code, typical duties and responsibilities,
				  essential functions, minimum qualifications, required knowledge, skills and
				  abilities.
"Classified position" means a position that is allocated to a
				  classification.
"Commissioned employee" means a person who is appointed to a
				  classification that requires Arizona Peace Officer Standards and Training Board
				  certification as a peace officer.
"Compensation" means the amount of money paid for each hour
				  worked and paid leave taken and includes time off received for overtime and
				  holidays worked or accrued.
"Compensatory time" means leave received for overtime
				  worked.
"Competitor" means an applicant who has met the minimum
				  qualifications for a classification and is competing in an employment or
				  promotional examination.
"Contested case" has the same meaning as in A.R.S. §
									41-1001(4).
"Council" means the Arizona Law Enforcement Merit System
				  Council.
"Covered employee" means a full authority peace officer as
				  certified by the Arizona Peace Officer Standards and Training Board and who is
				  appointed to a position (outside of Department of Public Safety and Arizona
				  Peace Officers Standards and Training Board) that requires such a certification
				  in the covered service, as defined in A.R.S. §
									41-741(5)(c)(e)
				   and who have completed their original
				  probationary period.
"Covered position" means any position within an agency that
				  is not appointed by the Governor or by the agency head with the concurrence of
				  the Governor and is subject to the rules of the Council.
"Covered service" means that employment status conferring
				  rights of appeal as prescribed in A.R.S. §
									41-782
				  and A.R.S. §
									41-783
				  or A.R.S. §
									41-1830.16,
				  as applicable, as defined in A.R.S. §
									41-741(6).
"Days" means full calendar days unless otherwise specified in
				  the text of a rule.
"Demotion" means the disciplinary appointment of an employee
				  to a classification with a lower pay range.
"Dismissal" means an agency-initiated removal of an employee
				  from state service.
"Duties" means actions or tasks required under the
				  circumstances by an employee's position or classification.
"Eligibility list" means the names of candidates for a
				  classification in descending order of their final scores in preparation for a
				  selection process.
"Employee" means a person who is appointed to a position,
				  subject to the terms and conditions of the appointment within the Department of
				  Public Safety or the Arizona Peace Officers Standards and Training
				  Board.
"Employing agency"
means the agency in the state
				  personnel system where the covered employee is, or in the case of dismissal,
				  was employed
as prescribed in A.R.S. §
									41-1830.16(H)(3).
"Entrance rate" means the lowest rate of pay within the pay
				  range of a classification.
"Examination" means an evaluation or test to determine if an
				  applicant's qualifications comply with the specifications for a
				  classification.
"Examination plan" means a description of each phase of an
				  examination, the weight applied to each phase of the examination, the criteria
				  for moving from one phase of the examination to another and any limitations as
				  to the number of names to appear on the eligibility list.
"Exempt employee" means an employee who is not subject to the
				  overtime provisions of the Fair Labor Standards Act, Title 29 U.S.C Chapter
				  8.
"External employment list" means an eligibility list of
				  candidates seeking employment with an agency.
"Fair Labor Standards Act" (FLSA) means those federal
				  statutes at Title 29 U.S.C. 201-219 and 251-262.
"Family and Medical Leave Act FMLA leave" means a leave of
				  absence, with or without pay, taken by an employee under a policy adopted by an
				  agency head from options authorized in the Family and Medical Leave Act.
				  29
				  U.S.C. 2611, et. seq.
"For cause" means disciplinary action or dismissal for any
				  reason listed in A.R.S. §
									41-1830.15
				  or this Chapter.
"Full authority peace officer"
means a peace officer
				  whose authority to enforce the laws of this state is not limited by the rules
				  adopted by the Arizona Peace Officer Standards and Training Board
as
				  prescribed in A.R.S. §
									41-1830.16(H)(4).
"Full-time employee" means an employee appointed to work 40
				  hours a week or 160 hours in a 28 day cycle.
"Grievance" means a work-related complaint by an employee
				  regarding classification, compensation, performance evaluation, or violation of
				  law or Council rules.
"Holiday leave" means the leave time accrued by working a
				  state holiday or accrued when the holiday falls on a day the employee is not
				  scheduled to work or is on paid sick leave. Holiday leave may be included in
				  annual leave time.
"Human Resources" means an agency department responsible for
				  personnel administration.
"Individual with a disability" means anyone who has a
				  physical or mental impairment that substantially limits one or more major life
				  activities, or who has a record of an impairment, or is regarded as having an
				  impairment.
"Initial probation" means a probationary period required of a
				  new employee to an agency, an employee appointed to a classification as a
				  special limited term employee, or an employee appointed to the classification
				  of officer who has completed the terms of a special limited term
				  appointment.
"Intermittent appointment" means the appointment of an
				  employee to work on an irregular basis.
"Internal list" means an eligibility list of internal
				  candidates seeking promotional positions or reassignments.
"Just Cause" means all of the following:
The employing agency informed the employee of the possible
				  disciplinary action resulting from the employee's conduct through agency
				  manuals, employee handbooks, the employer's rules and regulations or other
				  communications to the employee, or the conduct on which disciplinary action was
				  based such that the employee should have reasonably known disciplinary action
				  could occur;
The disciplinary action is reasonably related to the
				  standards of conduct for a professional law enforcement officer, the mission of
				  the agency, the orderly, efficient or safe operation of the agency or the
				  employee's fitness for duty;
The discipline is supported by a preponderance of the
				  evidence establishing that the conduct on which the disciplinary action was
				  based occurred; and
The discipline is not excessive and is reasonably related to
				  the seriousness of the offense and the employee's service record.
"Knowledge" means a body of information, usually of a factual
				  or procedural nature, that makes for successful performance of a task.
"Limited duty" means a short-term assignment to a physically
				  less demanding position while the employee recovers from a temporary medical
				  condition or disability.
"Limited-term appointment" means an appointment to a position
				  that is designated as temporary.
"Limited-term employee" means an employee in a limited-term
				  appointment who has not achieved the status of a regular-employee.
"Manifest error" means an erroneous act or failure to act in
				  administering the provisions of Article 3 of this Chapter.
"Non-exempt employee" means an employee who is subject to the
				  overtime provisions of the Fair Labor Standards Act, Title 29 U.S.C Chapter
				  8.
"Original probationary period"
means the specified
				  period following initial appointment to covered service
as defined in
				  A.R.S. § 41-741(10).
"Overtime" means time worked by a non-exempt employee in
				  excess of 40 hours in a work week or in excess of 160 hours in a 28-day
				  cycle.
"Part-time appointment" means the appointment of an employee
				  to work a schedule of less than 40 hours per week.
"Part-time employee" means an employee appointed to work less
				  than 40 scheduled hours per week.
"Pay range" means the difference between the lowest and
				  highest pay rates for a classification.
"Pay status" means an employee's right to receive
				  compensation for time worked or leave taken, except when absent on
				  leave-without-pay or suspension without pay.
"Permanent employee" means an employee who has successfully
				  completed an initial probation with an agency.
"Permanent status" means the employment rights achieved after
				  satisfactorily completing the probationary period for a classification.
"Personnel Rules"
means the rules adopted by the
				  Arizona Department of Administration, human resources division
as
				  prescribed in A.R.S. §
									41-1830.16(H)(7).
"Position" means a job or function, whether occupied or
				  vacant, that is assigned a number, classification, funding source, pay range,
				  and location code.
"Position audit" means an examination of the duties and
				  responsibilities of a position to determine the appropriate
				  classification.
"Promotional Probation" means a period of 12 months
				  established for evaluating an employee's performance to determine if the
				  employee should be retained in a classification.
"Promotion" means the appointment of an employee to a
				  position in another classification with a higher maximum pay level.
"Provisional appointment" means an appointment to a position
				  in a classification for which there is no eligibility list.
"Qualifications Appraisal Board" means a group of raters who
				  evaluate a competitor's qualifications based upon the competitor's written or
				  oral responses.
"Qualifying pay period" means a pay period for qualifying
				  service in which an employee is in pay status for at least one-half of the
				  employee's normally scheduled work week.
"Qualifying service" means part-time or full-time service as
				  an employee of an agency, excluding any break-in-service.
"Reallocation" means a change in the classification of a
				  position, based upon an analysis of the duties and responsibilities of the
				  position.
"Reappointment" means appointment to a classification
				  previously held by an employee who was reassigned to a different
				  classification.
"Reassignment" means an appointment, at the employee's
				  request, to a position in a different classification with the same or a lower
				  pay range.
"Recall" means the appointment of a former employee who was
				  separated by a reduction in force.
"Reclassification" means the change in classification of an
				  employee due to the employee's movement to a position in a different
				  classification or a reallocation of the employee's position to a different
				  classification.
"Recognition leave" means leave time given an employee under
				  a formal awards program as an incentive for continued superior performance.
				  Recognition leave is added to annual leave.
"Reduction in force" means an action taken by an agency head
				  to involuntarily transfer, reclassify, or lay-off an employee as a result of a
				  legislative or executive mandate; reduction of funds; or decrease in the number
				  of authorized positions, service area, or program responsibilities.
"Regular-employee" means an employee, except a limited
				  term-employee, who achieves permanent status.
"Reinstatement" means an appointment of a former employee to
				  the classification or a similar classification held when the employee separated
				  from the agency.
"Rejection of probation" means an action taken by an agency
				  head to reclassify an employee on a promotional probation or to separate an
				  employee on an initial probation for failure to achieve and sustain the
				  required level of performance for the classification.
"Responsibilities" means actions or tasks for which an
				  employee is accountable in a position or classification.
"Retirement" means a voluntary separation from an agency by
				  an employee who is eligible for an immediate disbursement from a retirement
				  plan.
"Separation" means the close of an employee's term of
				  employment with an agency.
"Skill" means an individual's level of proficiency or
				  competency in performing a specific task.
"Special duty assignment" means an employee's temporary
				  assignment of more responsibilities or duties or an assignment to a position
				  with special work or living requirements.
"Special limited term appointment" means an appointment to
				  the classification of cadet officer or officer trainee pending the completion
				  of requirements for the classification of officer.
"State" means the State of Arizona.
"Standard performance" means a rating given to an employee
				  who meets the expected level of performance needed to accomplish the objectives
				  of a position.
"State personnel system"
means all state agencies and
				  employees of those agencies that are not exempted by this article
as
				  prescribed in A.R.S. §
									41-741(17).
"Standardized scoring" means a statistical method used to
				  ensure that the various components of a multi-phased examination receive their
				  proper weights.
"Suspension of pay" means the disciplinary action of
				  withholding an employee's pay for a specified period.
"Telecommuting" means an employee performing assigned work at
				  a location other than the employee's regular work location.
"Time-in-grade" means time spent in a classification.
"Transfer" means the movement of an employee from the
				  employee's current position to another position in the same
				  classification.
"Uncovered appointment" means an appointment to a job or
				  function by the Governor or by an agency head with the concurrence of the
				  Governor.
"Uncovered employee" means an employee who serves at the
				  pleasure of the Governor.
"Veteran" means an individual who served in the armed forces
				  of the United States and was discharged from military service under honorable
				  conditions after more than six months of active duty and as defined in
				  37
				  U.S.C. 101 and A.R.S. §
									38-492.
"Working day" means the same as business day.
"Work week" means the 40-hour time period an employee works
				  between Saturday and Friday, including any leave time taken.