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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2247 |
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AN ACT
amending sections 11‑353, 11‑356 and 38‑1004, Arizona Revised Statutes; relating to county merit systems.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-353, Arizona Revised Statutes, is amended to read:
11-353. County employee merit system commission; members; terms; vacancies
A. Upon On the adoption of a county employee merit system the board of supervisors shall appoint a county employee merit system commission to assist in administering the system. The commission shall consist of five members, each of whom shall hold office for a term of four years and until his a successor is appointed and qualified. Of the members first appointed, two shall serve for a two-year term, two for a three-year term and one shall serve a four-year term, and such the members shall determine by lot the length of their terms. Appointment to fill a vacancy caused by other than expiration of term shall be for the unexpired portion of the term.
B. Members of the commission shall be selected from among the qualified electors of the county. No more than three of such the members shall be from the same political party.
C. If the members of the county employee merit system commission are the same members that the board of supervisors appoints to the county merit system council for law enforcement officers established pursuant to section 38‑1002, the board of supervisors may appoint the members of the county employee merit system commission to five-year terms consistent with the terms prescribed by section 38‑1002, subsection C. To make the terms consistent, a member's current term on the county employee merit system commission shall extend to the date on which the member's current term on the county merit system council for law enforcement officers expires. The subsequent term of office will be five years as prescribed by section 38‑1002, subsection C.
Sec. 2. Section 11-356, Arizona Revised Statutes, is amended to read:
11-356. Dismissal, suspension or reduction in rank of employees; appeals; hearings
A. Any officer or employee in the classified civil service may be dismissed, suspended or reduced in rank or compensation by the appointing authority after appointment or promotion is complete only by written order, stating specifically the reasons for the action. The order shall be filed with the clerk of the board of supervisors in the officer's or employee's official county personnel record and a copy shall be furnished to the person to be dismissed, suspended or reduced.
B. The officer or employee, Within ten calendar days after presentation to him of the order is presented to the officer or employee, the officer or employee may appeal the order through the clerk of the commission. On the filing of the appeal, the clerk of the commission shall immediately transmit the order and appeal to the commission for a hearing.
C. Within twenty calendar days after receiving the order and appeal, the commission shall set a date for a hearing of the appeal. The appellant may appear personally, produce evidence, and have counsel and, if requested by the appellant, request a public hearing.
D. The commission may appoint a hearing officer to conduct the hearing and take evidence on behalf of the commission. If a hearing officer is appointed to conduct the hearing, on conclusion of the hearing the hearing officer shall submit proposed findings of fact, conclusions of law and a recommendation to the commission.
E. Any appeal of a dismissal, suspension or reduction in rank in which a single hearing officer has been appointed by the commission to conduct the appeal hearing shall be open to the public unless the hearing officer determines that good cause exists to close the hearing.
E. F. In any appeal of a dismissal, suspension or reduction in rank in which a single hearing officer has been appointed to conduct the appeal hearing, the officer or employee or the employer may request a change of hearing officer. On the first request of a party, the commission shall grant the request. The commission may grant all other requests only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer. The chairperson of the commission shall decide whether a sufficient showing of prejudice has been made.
F. G. Following the hearing, or if a hearing officer has been appointed, following receipt of the hearing officer's proposed findings of fact, conclusions of law and recommendation, the commission shall either affirm, modify or revoke the order.
G. H. The findings and decision of the commission shall be final and shall be subject to administrative review as provided in title 12, chapter 7, article 6.
H. I. This section does not apply to furloughs of classified employees if the furloughs are undertaken to address budget shortfalls or structural imbalance.
Sec. 3. Section 38-1004, Arizona Revised Statutes, is amended to read:
38-1004. Appeals; hearings
A. A classified law enforcement officer who is suspended, demoted or dismissed by the department head, after a hearing and review before the merit system council, may have the determination of the council reviewed pursuant to title 12, chapter 7, article 6 in the superior court of the county in which the law enforcement officer resides. If the determination of the council is overruled by the court, the law enforcement officer shall be reinstated in the officer's position and the officer shall be reimbursed for any compensation withheld pending determination by the council and court.
B. If the order of the department head was for a suspension greater than sixteen hours, demotion or dismissal and the court exonerates the officer, the court may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in the court proceedings. The award of attorney fees by the court shall not exceed fifteen thousand dollars. An award of attorney fees does not apply if either of the following applies:
1. The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.
2. The disciplinary action related to off‑duty activities unrelated to the required duties of the law enforcement officer. If the department head appeals the decision of the court, the court's award of any costs or attorney fees to an officer shall be stayed pending the conclusion of the appeal. If the department head's decision is upheld on appeal, the award of costs or attorney fees in favor of the officer shall be reversed.
C. If a law enforcement officer of a county, city or town described in section 38‑1007 appeals from a decision of a department head in connection with the law enforcement officer's suspension greater than sixteen hours, demotion or dismissal and the county, city or town maintains a merit system or civil service plan for its employees, and the merit system or civil service plan appeals board exonerates the officer, the merit system or civil service plan appeals board may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The amount of the award by the merit system or civil service plan appeals board shall not exceed ten thousand dollars. If the department head appeals the decision of the merit system or civil service appeals board, the award of attorney fees shall be stayed pending the conclusion of the appeal. If the officer appeals to court the decision of the merit system or civil service plan appeals board, or of the city or town council or board of supervisors if the city, town or county has no such board, and the court exonerates the officer, the court may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The award of attorney fees by the governing body or court shall not exceed fifteen thousand dollars. An award of attorney fees under this subsection does not apply if either of the following applies:
1. The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.
2. The disciplinary action related to off‑duty activities unrelated to the required duties of the law enforcement officer. If the department head appeals the decision of the court, the court's award of any costs or attorney fees to an officer shall be stayed pending the conclusion of the appeal. If the department head's decision is upheld on appeal, the award of costs or attorney fees in favor of the officer shall be reversed.
D. A department head shall have the right to have all council policies and decisions reviewed pursuant to title 12, chapter 7, article 6 in the superior court of the county in which the law enforcement officer resides and legal counsel for the department head shall be provided by the county or city attorney in whose jurisdiction the department lies.
E. Notwithstanding section 38‑1106, subsection I, any appeal of a suspension, demotion or dismissal in which a single hearing officer or administrative law judge has been appointed by the merit system council or appeals board to conduct the appeal hearing shall be open to the public unless the hearing officer or administrative law judge determines that good cause exists to close the hearing.