Bill Text: AZ SB1254 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: State employees; auditors; covered status
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-01-31 - Referred to Senate GE Committee [SB1254 Detail]
Download: Arizona-2013-SB1254-Introduced.html
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REFERENCE TITLE: state employees; auditors; covered status |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1254 |
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Introduced by Senators Ableser, Gallardo: Farley, Meza, Pancrazi
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AN ACT
amending sections 41-741, 41-742 and 41-745, Arizona Revised Statutes; relating to the state personnel system.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-741, Arizona Revised Statutes, is amended to read:
41-741. Definitions
In this article and articles 5 and 6 of this chapter, unless the context otherwise requires:
1. "Appointing authority" means the person or group of persons authorized by law or delegated authority to make appointments to fill positions.
2. "At will" means an employment relationship where either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.
3. "Break in service" means a separation from state employment, regardless of the reason for separation.
4. "Change in assignment" means movement of an employee to a different position in the same state agency or another state agency.
5. "Covered employee" means an employee who:
(a) Before September 29, 2012, is in the state service, is not uncovered pursuant to section 41‑742, subsection A and has remained in covered status without a break in service since that date.
(b) Before September 29, 2012, is in the state service, is employed as a correctional officer I, correctional officer II, correctional officer III or community corrections officer and has remained in covered status without a break in service since that date.
(c) Before September 29, 2012, is in the state service, is a full authority peace officer as certified by the Arizona peace officer standards and training board and has remained in that status without a break in service since that date.
(d) On or after September 29, 2012, is a correctional officer I, correctional officer II, correctional officer III or community corrections officer and is appointed to a position in the covered service, but does not include a position in any other class in the correctional officer class series or the community correctional officer class series or in any other correctional class series.
(e) On or after September 29, 2012, is a full authority peace officer as certified by the Arizona peace officer standards and training board and is appointed to a position that requires such a certification in the covered service.
(f) On or after the effective date of this amendment to this section, is an employee of the auditor general's office.
(g) On or after the effective date of this amendment to this section, is an employee of any state agency and who has audit functions as a primary responsibility.
(h) On or after the effective date of this amendment to this section, is an employee of the department of revenue and who is involved in revenue collection.
6. "Covered service" means that employment status conferring rights of appeal as prescribed in sections 41-782 and 41-783 or section 41‑1830.16, as applicable.
7. "Director" means the director of the department of administration, or the director's designee, who is responsible for administering the state personnel system pursuant to applicable state and federal laws.
8. "Employee" means all officers and employees of this state, whether in covered service or uncovered service, unless otherwise prescribed.
9. "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.
10. "Original probationary period" means the specified period following initial appointment to covered service.
11. "Probationary period" means a working test period of employment in a covered service position for evaluation of the employee's work.
12. "Promotional probation" means the specified period of employment following promotion of a permanent status employee to another covered service position that has a higher pay grade.
13. "Rules" means rules adopted by the department of administration, human resources division.
14. "State agency" means a department, board, office, authority, commission or other governmental budget unit of this state and includes an agency assigned to a department for administrative purposes. State agency does not include the legislative and judicial branches, the Arizona board of regents, state universities, the Arizona state schools for the deaf and the blind, the department of public safety, the Arizona peace officer standards and training board, the cotton research and protection council or public corporations.
15. "State personnel board" means the board established by section 41‑781.
16. "State personnel system" means all state agencies and employees of those agencies that are not exempted by this article.
17. "State service" means all offices and positions of employment in state government that, before September 29, 2012, were subject to the provisions of articles 5 and 6 of this chapter that were in effect before September 29, 2012.
18. "Supervisor" means a state employee who has one or more other state employees reporting directly to the person and, for those state employees, typically has the authority to:
(a) Approve sick or annual leave.
(b) Recommend hiring, discipline or dismissal.
(c) Assign or schedule daily work.
(d) Complete a performance evaluation.
19. "Uncovered employee" means an employee in uncovered service.
20. "Uncovered service" means employment at will and includes all state employees except those in covered service.
Sec. 2. Section 41-742, Arizona Revised Statutes, is amended to read:
41-742. State personnel system; covered and uncovered employees; application; exemptions
A. Beginning September 29, 2012, unless otherwise prescribed in this article:
1. All new hires are at will uncovered employees.
2. Any employee who meets any of the following criteria is an at will uncovered employee:
(a) Is employed as an attorney in a position assigned to the attorney salary schedule.
(b) Is a supervisor.
(c) Is at a pay grade of nineteen or above or, if a successor compensation system is established, in an equivalent pay range as determined by the director.
(d) Is in a position assigned to the information technology salary schedule, in a position assigned to an information technology classification or, if a successor compensation system is established, in an equivalent pay range as determined by the director.
3. Any covered employee who voluntarily accepts a change in assignment to a position in the uncovered service, regardless of whether the voluntary change in assignment is a promotion, demotion or lateral transfer, is an at will uncovered employee on the start date of the voluntary change in assignment.
4. A covered employee may voluntarily elect to become an at will uncovered employee without a change in assignment on approval by the state agency head and the director. If approved, the change from covered to uncovered status is immediate.
5. Once a covered employee becomes an at will uncovered employee, the change is irrevocable.
B. Except as provided in subsection F of this section, the purpose of this article is for all state agencies in the state personnel system to treat employees pursuant to the following principles:
1. Recruiting, selecting and advancing employees on the basis of the employee's relative ability, knowledge and skills after open competition.
2. Providing compensation based on merit, performance, job value and competitiveness within applicable labor markets.
3. Training employees if the training will result in better organizational and individual performance.
4. Retaining employees on the basis of the adequacy of their performance, correct inadequate performance where possible and appropriate and separate employees whose performance is inadequate.
5. Managing applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, age, disability or religious creed and with proper regard for their privacy and constitutional rights as citizens.
6. Ensuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office.
C. The director shall establish and administer the state personnel system, including:
1. A classification system and job classes and associated knowledge, skills and abilities for those classes.
2. A centralized job announcement system to streamline statewide recruiting for applicants.
3. A centralized employment system to be used by all successful applicants, including a common application form to be used by all state agencies.
4. A compensation system, including assigning pay ranges for all job classes and special pay plans for certain classes or groups of employees considering such factors as occupational patterns, economic conditions and pay plans common to government, business and industry.
5. A statewide training program.
6. A statewide performance management system.
7. An audit function to review state agencies' processes and compliance with applicable statutes, personnel rules and policies.
8. An integrated system to process personnel, payroll and benefits transactions and serve as the system of record for state employees.
D. This article and articles 5 and 6 of this chapter do not apply to:
1. An elected state officer. An elected state officer means only elected officials and does not include the employees of elected state officers unless expressly provided.
2. Members of boards and commissions who are appointed by the legislature or the governor, board members appointed pursuant to section 41‑619.52 unless otherwise prescribed by law, employees of the Arizona legislative council, employees appointed or employed by the legislature, any legislative agency or either house of the legislature and employees of the supreme court and the court of appeals.
3. The Arizona board of regents, officers or employees of state universities and personnel of the Arizona state schools for the deaf and the blind.
4. Patients or inmates employed in state institutions.
5. Officers and enlisted personnel of the national guard of Arizona and employees of the department of emergency and military affairs who occupy Arizona national guard positions identified as mobilization assets.
6. The cotton research and protection council.
7. The department of public safety.
8. The Arizona peace officer standards and training board.
E. Unless otherwise prescribed in this article, subsection A, paragraphs 1, 2 and 3 of this section do not apply to either an initial appointment to or changes in assignment to:
1. An employee of any state agency who is a full authority peace officer as certified by the Arizona peace officer standards and training board.
2. An employee of the state department of corrections who is employed as a correctional officer I, correctional officer II, correctional officer III, community corrections officer or, if a successor classification system is established, in an equivalent job class as determined by the director.
3. An employee of the auditor general's office.
4. An employee of any state agency who has audit functions as a primary responsibility.
5. An employee of the department of revenue who is involved in revenue collection.
F. Subsection B, paragraph 1 of this section, relating to open competition and subsection B, paragraph 4 of this section and subsection B, paragraph 5 of this section, relating to political affiliation, do not apply to:
1. Employees of the governor's office.
2. Employees of offices of elected officials who either:
(a) Report directly to the elected official.
(b) Head a primary component or report directly to the head of a primary component of the office of the elected official.
(c) As a primary duty, determine or publicly advocate substantive program policy for the office of the elected official.
3. The state agency head and each deputy director, or equivalent, of each state agency and employees of the state agency who report directly to either the state agency head or deputy director.
4. Each assistant director, or equivalent, of each state agency and employees in the state agency who report directly to an assistant director.
5. Attorneys in the office of the attorney general.
6. Employees in investment related positions in the state retirement system or plans established by title 38, chapter 5, article 2, 3, 4 or 6.
G. This article and articles 5 and 6 of this chapter do not confer any rights in excess of, or in addition to, those previously authorized to any state employee.
H. This article does not create or confer any contractual employment right for any employee and, unless otherwise provided by law, state agencies are prohibited from executing employment contracts with any state employee.
I. Any communications, including policy manuals, employee handbooks, job offers and performance appraisals and other communications as determined by the director, whether in writing or oral, that conflict with article 1, 5 or 6 of this chapter or this article are void and do not alter or supersede article 1, 5 or 6 of this chapter or this article.
Sec. 3. Section 41-745, Arizona Revised Statutes, is amended to read:
41-745. Covered and uncovered service
A. Except as provided in subsection subsections C and D of this section or section 41‑742, subsection A, an employee under covered service is entitled to continue to be a covered employee as long as the employee remains in covered status without a break in service or as otherwise provided by law. Probationary status employees are required to complete their probationary period before obtaining rights of appeal. On successfully completing a probationary period, an employee in covered service is entitled to have appeal rights as provided in article 6 of this chapter or section 41‑1830.16, as applicable.
B. Except as provided in subsection subsections C and D of this section, uncovered service consists of all employees in the state agencies not included in the covered service. Employees in uncovered service are employees at will and are not entitled to appeal rights.
C. A position that requires certification as a full authority peace officer by the Arizona peace officer standards and training board or a position designated as a correctional officer I, correctional officer II, correctional officer III or community corrections officer shall be in the covered and uncovered service as follows:
1. If, on September 29, 2012, the position is filled with an uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.
2. If, on September 29, 2012, the position is filled with a covered employee who was in the state service and the employee does not voluntarily elect to become an at will uncovered employee, the position shall remain in the covered service for the current incumbent and for all future appointments to that position.
3. If, on or after September 29, 2012, an employee in the covered service voluntarily elects to become an at will uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.
D. Beginning on or after the effective date of this amendment to this section, an employee of the auditor general's office, an employee of any state agency who has audit functions as a primary responsibility or an employee of the department of revenue who is involved in revenue collection shall be in covered service unless the employee voluntarily elects to become an at will uncovered employee.
