Section R2-5A-801. General

A.      Authority. An agency head has the primary authority and responsibility for managing the conduct of all employees within an agency. A covered employee may be disciplined only for cause. An agency head shall discipline a covered employee in accordance with this Article and the rules in Sub- chapter B of this Chapter. An uncovered employee serves at the pleasure of the appointing authority and may be dismissed at will. Except for an employee who is in a position listed in

A.R.S. § 41-742(F), any action that involves a suspension greater than 80 working hours, an involuntary demotion, or a dismissal requires review by the Director prior to the agency head administering such action.

B.       Level of discipline.

1.        If an agency head deems it necessary to discipline an employee, the agency head may determine the level of discipline to be imposed, up to and including dismissal, subject to review by the Director, if applicable.

2.        In determining the level of discipline to be imposed, the agency head may consider the following factors:

a.        Consistent application of rules and standards,

i.         Unless otherwise prescribed by statute, the agency head need only consider those cases decided under the administration of the current agency head. Decisions in cases prior to the administration of the current agency head are not binding upon the current agency head and are not relevant in determining consistent appli- cation of rules and standards.

ii.        In determining consistent application of rules and standards, the disciplinary actions imposed by one agency may not be binding upon any other agency and may not be used for compari- son purposes in hearings wherein the consistent application of rules and standards is at issue.

b.        Prior knowledge of rules and standards,

c.        The severity of the infraction,

d.        The repeated nature of violations,

e.        Prior corrective or disciplinary actions,

f.         Previous oral discussions,

g.        The employee’s past work record,

h.        The effect on agency operations,

i.         The potential of the violations for causing damage to persons or property.

C.      Limitations.

1.        Except as otherwise provided by statute or rule, suspen- sions shall not exceed a total of 30 working days during any 12-month period. The 12-month period begins with the first day of the first suspension.

2.        An employee who is involuntarily demoted must possess the qualifications for the position and:

a.        A covered employee who has attained permanent status may be involuntarily demoted only to a regu- lar position in the covered service.

b.        An   uncovered   employee   may    be   involuntarily demoted only to a position in the uncovered service.

D.      Review by Director.

1.        Letters of reprimand and suspensions without pay of 80 working hours or less are not subject to review by the Director.

2.        Prior to imposing a suspension greater than 80 working hours, an involuntary demotion, or dismissal, the agency head shall submit the proposed action to the Director for review as prescribed in R2-5A-802, unless the employee is in a position listed in A.R.S. § 41-742(F). If the employee is in a position listed in A.R.S. § 41-742(F), a review by the Director is not required.

Historical Note

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).