Section R10-1-104. Dismissal of Assistant Attorneys General for cause

A.      After  serving  his  or  her  two-year  probationary   period,  an Assistant Attorney General may be dismissed only for cause.

B.       Cause for dismissal shall include the following:

1.        Fraud or misrepresentation in securing appointment.

2.        Incompetency -- meaning the lack of ability or fitness to discharge the required duties.

3.        Inefficiency -- meaning performance below the level of others performing like duties under similar conditions; or the incapacity or indisposition to perform one’s duties.

4.        Neglect of duty.

5.        Insubordination -- meaning disrespectful or contuma- cious conduct toward a supervisor; or a knowing disre- gard of express or implied directions; or a refusal to obey a lawful and ethical order issued by a person authorized to issue such order.

6.        Dishonesty.

7.        Drunkenness on duty.

8.        Any unlawful use of narcotics or habit-forming drugs, or any use of or addiction to narcotics or  habit-forming drugs which impairs job performance.

9.        Conviction of a felony, or conviction of a misdemeanor an element of which is intentional, knowing or reckless conduct. A plea or verdict of guilty to a charge of a fel- ony, or any misdemeanor an element of which is inten- tional, knowing or reckless conduct is deemed to be a conviction for purposes of this Section.

10.     Discourteous treatment of the public or other public employees.

11.     Improper political activity.

12.     Misuse or unauthorized use of state property.

13.     . Conduct either during or outside duty hours which is of such a nature that it causes discredit to the Attorney Gen- eral’s Office.

14.     Any conduct which is inconsistent, incompatible or in conflict with one’s official duties as an Assistant Attorney General.

15.     . Failure to discharge one’s responsibilities as an Assistant Attorney General in a timely manner as  directed  by supervisors.

16.     .  Failure or refusal to comply with office policies  estab- lished by the Attorney General.

17.     Use or attempted use of one’s official position for private advantage.

18.     Any other action or pattern of activity that constitutes cause as a matter of law.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). Editorial correction, subsection (B), paragraph (8) “lawful” should

December 31, 1995                                                                            Page 1                                                                                         Supp. 95-4

Title 10, Ch. 1                                                                Arizona Administrative Code

read “unlawful” as filed for adoption effective July 27, 1983 (Supp. 85-1).