Section R13-5-702. Disciplinary Procedures

A.   Receiving a complaint. A person may file a complaint with an

	a.      The specific relief sought by the employee;		agency asserting that an employee engaged in activity consti-
	b.     The asserted factual basis for relief, and		tuting cause for discipline and requesting that the agency head
	c.      An  account  of  the  agency’s  response  during  the		take appropriate disciplinary action against the employee.
	internal grievance process.	B.	Initiating disciplinary action. An agency head may take appro-
	2.     Upon receipt of the request, the Council shall send a copy		priate disciplinary action against an employee for any cause
	of the request to the agency head.		listed in A.R.S. § 41-1830.15.
C.	Response. The agency may file a written response with the	C.	Interview of an employee. In conducting an interview of an
	Council at any time before the Council reviews the grievance.		employee being investigated for possible disciplinary action,
	The agency head shall send a copy of the response to the		an agency shall comply with A.R.S. § 38-1101(A) and (B).
	employee at least 10 days before the Council reviews the	D.	Time limit for filing a disciplinary action. An agency shall not
	grievance. At the employee’s request, the 10 days may be		file a disciplinary action later than 120 days after the date the
	waived.		agency discovers or should have discovered that the employee
D.	Informal dispositions. The Council may informally dispose of		engaged in alleged activity constituting cause for discipline.
	a grievance without further review of the merits, under any of		The disciplinary action is deemed to be filed when the notice is
	the following methods:		filed with the Council.
	1.     By withdrawal, if the employee withdraws the grievance	E.	Exceptions to the 120-day rule.
	in writing or on the record at any time before a decision is		1.     The time limit in subsection (D) does not run:
	issued;		a.      During a criminal investigation by a law enforce-
	2.     By default to the appearing party, if the employee or the		ment or prosecutorial agency; or
	agency, fails to appear at the meeting; or		b.     During any period of time the employee who is the
	3.     By stipulation, if the parties agree on the record or in		subject of an investigation is absent from the agency
	writing at any time before the Council issues a decision		on leave, if the absence prevents the agency from
	on the grievance.		proceeding with the normal investigation and disci-
E.	Council  review.   The  Council   shall  review  an  employee’s		plinary review process.
	grievance in an open meeting. The Council shall allow the		2.     At the request of an agency, the Council may, upon a
	employee to make a statement in support of the grievance, and		showing of good cause, extend the time for an agency to
	shall allow the agency an opportunity to respond. The Council		file a disciplinary action up to a maximum of 90 days
	may limit the length of the parties’ statements. In its discre-		beyond the original 120-day period.
	tion, the Council may allow the employee or the agency to		3.     If a manager or supervisor is aware of an employee’s
	present testimonial or documentary evidence on the issue. If		alleged actions that constitute a criminal offense but fails
	the Council allows a party to offer evidence, the Council shall		to act, the time limit does not run during the period of the
	allow the other party an opportunity to respond with argument		manager  or  supervisor’s  inaction  if   the  supervisor   or
	or  evidence.  The  Council   may  limit  the  time  parties   are		manager is disciplined for failure to act and:
	allowed to present evidence.		a.      The offense is a misdemeanor involving theft or
			moral turpitude and is discovered within 120 days

after the end of the 120-day period for taking disci- plinary action, or

b.     The offense is a felony.

4. The agency shall maintain documentation to support any exception to the 120-day time limit, including the dates during which the time limit does not run.

F.                 Notice of disciplinary action. An agency head shall serve a written notice on the employee within 10 days after the agency files the notice of disciplinary action with the Council. Service shall be completed in accordance with R13-5-104(D). The agency head’s notice shall include:

1.        A statement of the nature of the disciplinary action;

2.        Any prior disciplinary action on which the current disci- pline is based;

3.        The effective date of the action;

4.        A specific statement of the causes; and

5.        A statement of the employee’s right to appeal and the time limit in which the employee must file an appeal with the Council under R13-5-703(A), (B), and (C).

G.               Amended notice of disciplinary action before appeal is filed. At any time before an employee files an appeal, the agency head may file with the Council and serve the employee or former employee with an amended or supplemental notice of disciplinary action.

H.               Effect of dismissal. An employee’s dismissal from the agency shall entail:

1.        Dismissal from all positions held by the employee,

2.        Removal of the employee’s name from all employment or promotional lists, and

3.        Termination of the employee’s pay on the date of dis- missal.

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 12 A.A.R. 1756, effective July 2,

2006 (Supp. 06-2).