Since the Arizona Revised Statutes are available to all government employees at any time, Complainant should have made himself aware of the law and its applicability to him.
State of Arizona Personnel Board
March 28, 2003
As ridiculous as the above sounds, it is an actual ruling from Hearing Officer Harold J. Merkow. The "Personnel Board(s)" of Arizona (and their Hearing Officers) are quasi-judicial organizations out to protect the State, not you!.
As absurd as the above premise may seem, it is the mode in which all of these Boards operate. Rather than look for ways to protect your rights, or even try to resemble being impartial, they search for ways to ignore and violate your rights.
There is no simple answer to this. Depending on whether you work for the State, County, City, or another "political subdivision" of Arizona, what department you work in, or what your specific job is, your rights may vary. But, it is still up to YOU to know what they are.
SO ASK!
Send a written DEMAND (email or letter) to your Human Resources Department requesting a full written disclosure of all your rights as an employee. Request copies of the the following at a minimum:
- Employee Manual/Handbook
- Ethics Handbook
- ALL Merit Commission/Personnel Board Policies & Procedures
- All Grievance polices & procedures
- All "Whistleblower" policies & procedures
- A list of any "Employee Advocates" or other resources available to protect your rights or provide YOU (the employee) with legal assistance
- Any other written documentation concerning your rights or duties as an employee
If you are asked "why" you want this information, respond by saying that you want to be informed about your rights as an employee.
Expect to receive a verbal response or the run-around on this. You want a written response! Take a copy of the response HOME and save it. You may need it later. Either to prove you asked and weren't told, or to prove that you were given the wrong or incomplete information. What you don't know (or can't prove), WILL be used against you later.
Do not settle for the response of, "you can review" the information in HR whenever you want. Tell them you want written copies. (You have a right to receive written copies, GET THEM NOW!)
What if they tell me, "its on our web site"? Print it out, ALL of it! And take it home.
Why? Because you will NOT have access to it later! The Merit System Rules and other information for Maricopa County Employees is NOT available to the general public (even though this is considered "public records"). You can ONLY get this from WITHIN the County's network. If you are suspended or terminated, you will NOT be able to get this information from home. By then, its too late. The County will probably REFUSE to give it to you and even try to charge you a fee for it. (It is a criminal offense to charge you for it, but they will try!)
And, as the insane ruling above by Harold J. Merkow demonstrates, it will be YOUR FAULT that you didn't know or have a copy.
There are several sections of the Arizona Revised Statutes that are designed to protect your rights as an employee. Note: Some statutes may be super-ceded by your local (County/City) regulations.
| Title 23 - Labor | ||
|---|---|---|
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Chapter 9 EMPLOYMENT PROTECTION ACT Article 1 General Provisions |
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| 23-1501 | Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment | |
| 23-1502 |
Constructive discharge ***IMPORTANT*** Under A.R.S. 23-1502 (B), An Employee is REQUIRED to communicate to the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. If you fail to do so BEFORE you resign, you may lose your right to sue the employer! |
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| Title 41 State Government | ||
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Chapter 4 DEPARTMENT OF ADMINISTRATION AND PERSONNEL BOARD (See A.R.S. 41-761 through 41-786) |
||
| Article 5 - Personnel Administration | ||
| 41-762 | Definitions: Employee/"State Service" | |
| 41-769 |
Refusal of examination or certification (Persons who may be refused/barred from employment with the State) |
|
| 41-770 | Causes for dismissal or discipline | |
| 41-771 |
Exemptions (Persons/Positions exempted from the State Personnel System) |
|
| 41-772 |
Prohibitions; violation; classification; civil penalty; protection of civil or political liberties (Includes criminal penalties for violating YOUR rights!) |
|
| 41-773 |
Unlawful acts; violation; classification (Includes criminal penalties for violating YOUR rights!) |
|
| 41-775 |
Violation; classification (Includes criminal penalties for violating YOUR rights and bars the offender from holding a state position for FIVE YEARS!) |
|
| Article 6 - Personnel Board | ||
| 41-781 | Personnel board; members; appointment; term; meetings; compensation | |
| 41-782 |
Powers and duties of the personnel board Note:41-782(B) requires the dismissal of someone committing a "Prohibited Personnel" practice (reprisal). |
|
| 41-783 | Personnel Rules | |
| 41-784 | Nonconformity with federal regulations granting federal funds | |
| 41-785 |
Appeals to the personnel board; notice of charges; hearings Includes your right to representation and your right to APPEAL THE BOARD's decision to Superior Court. |
|
| 41-781 | Reimbursement of transportation and telecommuting costs; definition | |
| Title 38 - Public Officers and Employees | ||
|
Chapter 3 CONDUCT OF OFFICE Article 3.1 Public Meetings and Proceedings (*Personnel Boards are subject Public Meeting Statutes) | ||
| 38-431 | Definitions | |
| 38-431.03 |
Executive sessions Personnel Boards will discuss/make the actual decision of YOUR appeal/complaint in "Executive Session" (behind closed doors). Under A.R.S. 38-431.03.B.2 YOU ARE legally entitled to a copy of the minutes of that session and entitled to a copy of the tape if it was tape recorded. |
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| 38-431.05 | Meeting held in violation of article; business transacted null and void; ratification | |
| 38-431.07 | Violations; enforcement; removal from office; in camera review | |
|
Article 9 Disclosure of Information by Public Employees (The Arizona Whistleblower Statute) |
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| 38-531 | Definitions | |
| 38-532 | Prohibited personnel practice; violation; reinstatement; exceptions; civil penalty | |
| 38-533 | Exemptions | |
| 38-534 |
Appropriate independent personnel boards Per A.R.S. 38-534.C, if your "local" personnel board is not authorized to hear your complaint, or has "exempted" your from their merit/personnel system, you can file a complaint with the STATE PERSONNEL BOARD ***NOTE: Most "contract" employees are automatically "exempted" from the merit/personnel system. On February 10 2003, in case 02-056 (McNair v. Maricopa County Department of Transportation, et. al.) it was ruled that the State of Arizona Personnel Board MUST accept Whistleblower Complaints from contract employees exempted from the County's Employee Merit System. |
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| Title 39 Public Records, Printing and Notices | ||
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Chapter 1 PUBLIC RECORDS Article 2 Searches and Copies |
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| 39-121.02 | Action upon denial of access; expenses and attorney fees; damages | |
| 39-122 |
FREE searches for and copies of public records to be used in claims against United States; liability for noncompliance You are entitled to FREE copies of public records to use in your case! |
|
| (see also) | ||
| 38-413 |
Charging excessive fees; classification If you are using a copy of a "Public Record" in a "claim against the state" (ie your complaint or appeal), you are entitled to FREE copies of those records. It is a FELONY to charge you for FREE copies! |
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| 38-421 |
Stealing, destroying, altering or secreting public record; classification For when the government "can't find" a record you know they have. |
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