Section R13-5-101. Definitions

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 man- ager 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 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 opportu- nity 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, per- sonal 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, lay- off, or leave of absence without pay.

“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 knowl- edge, 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 Stan- dards 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 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.

“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.

“Disabled person” 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.

“Dismissal” means an agency-initiated removal of an employee from state service.

“Duties” means actions or tasks required under the circum- stances by an employee’s position or classification.

“Eligibility list” means the names of candidates for a classifi- cation 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.

“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 examina- tion, 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 candi- dates seeking employment with an agency.

“Fair Labor Standards Act” (FLSA) means those federal stat- utes at 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 rea- son listed in A.R.S. § 41-1830.15 or this Chapter.

“Full-time employee” means an employee appointed to work 40 hours a week.

“Grievance” means a work-related complaint by an employee, regarding classification, compensation, performance evalua- tion, 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.

“Initial probation” means a probationary period required of a new employee to an agency, an employee appointed to a clas- sification 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.

“Knowledge” means a body of information, usually of a fac- tual or procedural nature, that makes for successful perfor- mance 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 posi- tion 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.

“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 compensa- tion for time worked or leave taken, except when absent on leave-without-pay or suspension without pay.

“Permanent employee” means an employee who has success- fully completed an initial probation with an agency.

“Permanent status” means the employment rights achieved after satisfactorily completing the probationary period for a classification.

“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 clas- sification.

“Probation” means a period of 12 months established for eval- uating an employee’s performance to determine if the employee should be retained in a classification.

“Promotion” means the appointment of an employee to a posi- tion 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 competi- tor’s written or oral responses.

“Qualifying pay period” means a pay period for qualifying ser- vice 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 posi- tion, based upon an analysis of the duties and responsibilities of the position.

“Reappointment” means appointment to a classification previ- ously 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 involuntary transfer, reassign, 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 reassign 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 compe- tency 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.

“Standardized scoring” means a  statistical method  used to ensure that the various components of a multi-phased exami- nation receive their proper weights.

“Suspension of pay” means the disciplinary action of with- holding 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 con- currence 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 month’s of active duty and as defined in 37 U.S.C. 101 and A.R.S. § 38- 492.

“Work week” means the 40-hour time period an employee works between Saturday and Friday, including any leave time taken.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by

final rulemaking at 7 A.A.R. 5373, effective November 6,

2001 (Supp. 01-4). Amended by final rulemaking at 9

A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by emergency rulemaking at 10 A.A.R. 1163, effective March 4, 2004 (Supp. 04-1). Emergency expired after 180 days; the Section on file prior to the emergency

has been restored (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006

(Supp. 06-2).