PocketLaw | Arizona Revised Statutes | Public Officers and Employees

Public Officers and Employees

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Definitions

General qualifications

Nominations by governor; consent of senate; appointment

Limitation on appointments

Commission of office

Officers and employees required to take loyalty oath; form; classification; definition

Time of oath

Filing oaths of record

Usurpation of office; classification

State officers and employees blanket bond; amount; approval

Approval of bond; filing

Bond premiums as public charge

Recording of bond; copies

Form of official bonds

Justification of sureties; officers ineligible as sureties

Limitation of liability by sureties

Extent of liability

Beneficiaries of bond

Successive recoveries

Defects in form, approval or filing of bond

Additional bond; failure to file

Additional bond; terms

Liability on original and additional bonds

Judgment on original and additional bonds; contribution of sureties

Discharge of sureties

Bonds of persons appointed to fill vacancies

Withdrawal of surety; effect on remaining sureties

Supplemental bond upon withdrawal of surety; exception

Effect of withdrawal on liability of surety

Affidavit of plaintiff in action to recover on bond that defendant owns real property; notice to recorder

Recording notice of ownership of real property; lien of judgment

Vacancy defined

Notice of vacancy in office

Effect of conviction of officer

Resignations

Term of office; discharge of official duties after expiration of term; appointment to fill unexpired term

Limitation on filing for election by incumbent of elective office

Section
38-296.01

Limitation on running for multiple offices

Temporary vacancy resulting from military service; appointive officers and employees

Restoration to position following military service

Effect of expiration of term prior to separation from military service

Temporary vacancy resulting from military service; elective office

Officers subject to impeachment

Articles of impeachment

Impeachment hearing; service on accused

Court of impeachment; organization

Witness fees; execution of process

Absence of senator from hearing

Compensation of impeachment personnel

Expenses of impeachment proceedings

Vacancy in board of managers

Appearance of accused; plea

Judgment

Performance of official duties by accused

Accusation by grand jury

Service on accused; appearance and plea

Trial; judgment

Procedure upon accusation of county attorney

Right of appeal; suspension from office pending appeal

Powers and duties of successor in office

Delivery of property and records to successor

Withholding or destruction of records or property of office by former officer; classification

Summary proceedings to obtain property and records of office

Declaration of policy

Definitions

Unavailability of governor; appointment of temporary successor

Unavailability of other elected officers of the state or political subdivisions; appointment of temporary successor

Convening legislating bodies in event of an attack

Quorum and vote requirements of state and local legislating bodies

Office hours for state offices

Record of fees; inspection of fee book

Posting schedule of fees

Charging excessive fees; classification

Collection of fees; failure to report amount collected; classification

Stealing, destroying, altering or secreting public record; classification

Failure of tax or revenue collector or disburser to permit inspection of books by attorney general or county attorney; classification

Making or giving false certificate; classification

Use of electronic recording devices; use of court reporter or stenographer; official record; presumed remedy for deficient electronic record

Definitions

Section
38-431.01

Meetings shall be open to the public

Section
38-431.02

Notice of meetings

Section
38-431.03

Executive sessions; definitions

Section
38-431.04

Writ of mandamus

Section
38-431.05

Meeting held in violation of article; business transacted null and void; ratification

Section
38-431.06

Investigations; written investigative demands

Section
38-431.07

Violations; enforcement; civil penalty; removal from office; in camera review

Section
38-431.08

Exceptions; limitation

Section
38-431.09

Declaration of public policy

Discharge of duties of another office; attestation

Persons acting as public officers without qualifying; classification; effect of acts

Nonfeasance in public office; classification

Asking or receiving illegal gratuity or reward; classification

Using pass or obtaining special rates for transportation; classification; exception

Acts based on written opinions; immunity

Violation of prohibition against acquisition of certain interests by public officers; classification

State employees; access to internet pornography prohibited; cause for dismissal; definitions

Display of POW/MIA flag

Display of honor and remember flag

Appointment and recording of appointment

Powers and duties of deputies

Liability of officer on bond for acts of deputies and assistants; bond of deputies and assistants; approval

Authorization for payment of salary; limitation

Purchase of appointment to office; classification

Sale of appointment to office; classification

Employment of relatives; violation; classification; definition

Eligibility; age limit

Preferences

Effect of article

Violations; classification

Application of article

Definitions

Conflict of interest; exemptions; employment prohibition

Prohibited acts

Additional income prohibited for services

Remedies

Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee

Authority of public officers and employees to act

Filing of disclosures

Penalties

Cancellation of political subdivision and state contracts; definition

Legislative ethics committees; membership; powers and duties; code of ethics

Definitions

Prohibited personnel practice; violation; reinstatement; exceptions; civil penalty

Exemptions

Appropriate independent personnel boards

Designation of state and political subdivision motor vehicles; definition

Section
38-538.01

State and political subdivision vehicles; patterns and insignias; violation; classification

Section
38-538.02

Use of state motor vehicles; personal vehicle reimbursement

Section
38-538.03

Exemptions

Section
38-538.04

Violation; classification

Definitions

Duty to file financial disclosure statement by candidate for public office

Violation; classification

Local public officers financial disclosure

Definitions

Public service orientation programs; implementation

Effect of payment of legal salary

Limitation on action for salary; waiver of right to additional salary

Suspension of salary pending determination of contested title to office; exception

Recovery of payment to disqualified persons

Compensation or time off for legal holidays

Retention of salary of subordinate; classification

Leaves of absence for certain military and disaster training; definitions

Section
38-610.01

Leave of absence and compensation for officers and employees during active military service

Section
38-610.02

Leave of absence and compensation for national disaster medical system employment

Compensation of certain state officers and employees

Section
38-611.01

Arizona state retirement system; incentive compensation plan; special pay plan

Section
38-611.02

Public safety personnel retirement system; special pay practices

Administration of payroll salary deductions

State employee suggestion program awards; fund

Merit awards; county employees; merit award system board; special merit award fund

Payment for accumulated sick leave; requirements; limit; definition

Retiree accumulated sick leave fund; administration; contribution

County safety incentive awards

Performance based incentives program

Persons eligible to receive travel expenses

Authorization for travel; claims

Means of travel; rates

Lodging expenses; meal and incidental expense reimbursement and long-term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration

Receipts for transportation

Out-of-state travel; approval; exemptions

Section
38-626.01

Authorization for certain out-of-state travel by state employees

Use of state equipment out of state

Definitions

Public safety cancer insurance policy program

Public safety cancer insurance policy program account

Eligibility

Coverage

Expenditure of monies for health and accident insurance; definition

Section
38-651.01

Group health and accident coverage for retired public employees and elected officials and their dependents

Section
38-651.01

Version 2 - Group health and accident coverage for retired public employees and elected officials and their dependents

Section
38-651.02

Expenditure of funds for group life and group accidental death and dismemberment insurance; group life coverage for former elected officials

Section
38-651.03

Expenditure of funds for disability income insurance

Section
38-651.04

Procurement of insurance; combining of coverages

Section
38-651.05

Flexible or cafeteria employee benefit plan; fund

Experience rating dividends and unused claim reserves; deposit; trust account

Rules and regulations

Special employee health insurance trust fund; purpose; investment of monies; use of monies; exemption from lapsing; annual report

Optional inclusion of city, town, county, special taxing district, authority, public entity and community college district employees in state health and accident coverage; payment of premiums; advance notice; minimum period of participation; definition

Long-term care insurance

Report to joint legislative budget committee

Employee benefits; exclusions; definitions

Traumatic event counseling for public safety employees; report; exceptions; definitions

Traumatic event counseling for peace officers and firefighters; report; exceptions; definitions

Definitions

Federal-state agreement

Plans for coverage of employees of eligible political subdivisions; payroll audits

Rule making powers of state agency

Studies and reports by state agency

Referenda and certification

Definitions

ASRS purpose; trust fund

ASRS board; qualifications; term; compensation

Powers and duties of ASRS and board

Director; powers and duties

Employers' responsibilities under the system

Liability insurance and immunity for the board

Investment managers; general powers and duties; investment of monies; limitations

Interest paid to members and employers

ASRS depository

Administration account

Abandoned monies; disposition

Recovery of collection costs; levy and distraint; definitions

Surrender of property subject to levy; authority to release levy and return property; definitions

Financial institutions data match; prohibited disclosure; fee; definition

Eligibility; options

Political subdivision plans

Charter city or ASRS retirement service credits; transfers

Payment of contributions; recovery of delinquent payments

Member contributions

Employer contributions

Adjustment and refund

Credited service

Section
38-739.01

Credited service retention

Return of contributions

Reemployment of inactive member

Reinstatement

Public service credit

Leave of absence; credit for leave without pay

Credit for military service

Compensation limitation; adjustments

Purchase of credited service; payment; limitations; definitions

Employer payments for ineligible contributions; definitions

Employer termination incentive program; employer payment of actuarial cost; definition

Transfers out of the system

Nonparticipatory employer liability allocation; exemption; definitions

Member's account information; beneficiary designation; spousal consent; confidentiality

Outreach education program

Normal retirement

Early retirement

Late retirement; definition

Optional forms of retirement benefits

Survivor benefits before retirement; definition

Survivor benefits after retirement

Commencement of retirement; payment of retirement benefits; lump sum payments

Errors; benefit recomputation

Retired members; return to work; suspension of benefits; exceptions; maximum benefit

Section
38-766.01

Retired members; return to work

Section
38-766.02

Retired members; return to work; employer contribution payments; exception; definitions

Benefit increases; applicability

Minimum retirement benefit

Maximum retirement benefits; termination; definitions

Eligible rollover distribution; definitions

Benefit options for transferred defined contribution program members; definitions

Section
38-771.01

Alternative benefits for transferred defined contribution program members; definitions

Prior service under defined contribution program administered by ASRS; definitions

Benefit payments to alternate payee under acceptable domestic relations order; termination of marriage; revocation of beneficiary designation; definitions

Excess benefit arrangement

Required distributions; definitions

Spousal waiver and consent

Supplemental employee deferral plan; public employees; administration; immunity; definitions

Group health and accident coverage for retired public employees and elected officials and their dependents; definition

Retired members; dependents; health insurance; premium payment; separate account; definitions

Assurances and liabilities

Exemptions from execution, attachment and taxation; exception

Violation; classification

Reservation to legislature

Definitions

Section
38-797.01

LTD program

Section
38-797.02

LTD trust fund

Section
38-797.03

ASRS board; personnel; duties; hearing or review; executive session

Section
38-797.04

Eligibility

Section
38-797.05

Employer and member contributions

Section
38-797.06

Contribution rate; annual report

Section
38-797.07

LTD program benefits; limitations; definitions

Section
38-797.08

Errors; benefit recomputation

Section
38-797.09

Facility of payment

Section
38-797.10

Assurances and liabilities

Section
38-797.11

Exemptions from execution, attachment and taxation; exception

Section
38-797.12

Violation; classification

Section
38-797.13

Reservation to legislature

Section
38-797.14

Liquidation of LTD program

Section
38-797.15

Interest paid to members and employers

Definitions

Elected officials' retirement plan and fund; administration

Section
38-802.01

Employer responsibilities under the system

Powers and duties of the board; reporting requirements

Section
38-803.01

Qualified governmental excess benefit arrangement; definitions

Membership; termination; credited service; redemption; reemployment

Section
38-804.01

Reinstatement of credited service; effect of prior law

Normal retirement and early retirement pensions

Disability retirement pensions

Survivor pensions

Pension payments; computation of amounts; termination

Correction of pension payment errors; assignments prohibited; civil liability; restitution or payment of fine; violation; classification; offset of benefits

Contributions; appropriations

Section
38-810.01

Internal revenue code qualification

Section
38-810.02

Statutory construction

Section
38-810.03

Compensation limitation; adjustments

Section
38-810.04

Retired member; return to work; employer contributions

Section
38-810.05

Required distributions

Taxation of benefits; exemption of contributions and securities

Maximum annual pension; limitations; definition

Availability of retired judges for certain legal services; compensation

Termination of plan; adjustment and refund

Joinder agreement

Redemption of prior service

Section
38-816.01

Purchase of service; payment

Group health and accident coverage for retired members; payment; applicability; forfeiture of interest

Section
38-818.04

Cost-of-living adjustment

Credit for military service

Charter city retirement system service credits; transfers

Domestic relations orders; procedures; payments

Discount rate; service purchase; transfer of service credits

Definitions

Defined contribution system; annual report; quarterly statements

Member and employer contributions; disability

Credit for military service

Definitions

Section
38-840.01

EODC disability program; administration; power and duties of the board; hearing; annual report

Section
38-840.02

EODC disability program trust fund

Section
38-840.03

Eligibility

Section
38-840.04

Employer and member contributions

Section
38-840.05

Contribution rate

Section
38-840.06

EODC disability program benefits

Section
38-840.07

Errors; benefit recomputation

Section
38-840.08

Facility of payment

Section
38-840.09

Assurances and liabilities

Section
38-840.10

Exemption from execution and attachment; taxation

Section
38-840.11

Violation; classification

Section
38-840.12

Reservation to legislature

Section
38-840.13

Liquidation of the EODC disability program

Purpose; vested benefits

Definitions

Section
38-842.01

Benefit election; eligibility; disability; death; employees hired on or after July 1, 2017

Section
38-842.02

Public safety employer risk pool

Contributions

Section
38-843.01

Internal revenue code section 414(h) pickup of member contributions

Section
38-843.02

Internal revenue code qualification

Section
38-843.03

Statutory construction

Section
38-843.04

Compensation limitation; adjustments; definition

Section
38-843.05

Retired members; return to work; employer contributions

Section
38-843.06

Required distributions

Section
38-843.07

Adjustment and refund; termination of the system

Requirements for retirement benefits and disability pensions

Section
38-844.01

Vested rights to benefits

Section
38-844.02

Deferred retirement option plan for employees hired before January 1, 2012; purpose

Section
38-844.03

Eligibility; participation

Section
38-844.04

Termination of deferred retirement option plan participation

Section
38-844.05

Deferred retirement option benefits and participation accounts

Section
38-844.06

Additional deferred retirement option plan provisions

Section
38-844.07

Designation of deferred retirement option plan beneficiaries

Section
38-844.08

Payment of deferred retirement option plan benefits

Section
38-844.09

Internal revenue code compliance

Amount of retirement benefit

Section
38-845.01

Maximum annual pension; limitations; definition

Section
38-845.02

Payment of pension

Section
38-845.03

Early retirement

Death benefits

Section
38-846.01

Deferred annuity; exception

Section
38-846.02

Termination of membership

Section
38-846.03

Reinstatement of surviving spouse's pension

Section
38-846.04

Reinstatement of credited service; effect of prior law

Section
38-846.05

Retiree pool account; transfers; funding

Section
38-846.06

Eligible rollover distributions; direct rollovers

Local boards

Section
38-847.01

Membership in retirement plan; eligibility

Section
38-847.02

Voluntary local board consolidation; membership; duties

Section
38-847.03

Uniform medical review; administrator; disability decisions; definitions

Section
38-847.04

Board of trustees; determination of retirement benefits; definitions

Board of trustees; powers and duties; reporting requirements; independent trust fund; administrator; agents and employees; advisory committee

Section
38-848.01

Qualified governmental excess benefit arrangement; definitions

Section
38-848.02

Board of trustees; report on employer and employee costs; posting funding ratio

Section
38-848.03

Appointed investment management

Section
38-848.04

Board fiduciary obligations and duties; enforcement; definitions

Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired member or member with a disability; definition

Assurances and liabilities; board of trustee discretion; overpayments; underpayments

Participation of new employers

Taxation of benefits; exemption of contributions and securities

Section
38-852.01

Benefits not to be reduced by social security payments

Transfer of credited service

Section
38-853.01

Redemption of prior service; calculation

Section
38-853.02

Purchase of service; payment

Guarantees from prior systems

Transfer outside the public safety personnel retirement system

Section
38-856.05

Cost-of-living adjustment; members hired on or before June 30, 2017

Section
38-856.06

Cost-of-living adjustment; members hired on or after July 1, 2017; definition

Group health and accident coverage for retired members; payment; forfeiture of interest

Credit for military service

Medical boards; purposes; composition; medical examinations

Domestic relations orders; procedures; payments

Future benefit increases; payment; cost calculation; definition

Discount rate; service purchase; transfer of service credits

Employer disclosure; funding ratio

Section
38-863.01

Pension funding policies; employers

Section
38-863.02

Pension funding policies; board; employers' pension funding policies; posting; popular annual financial report

Definitions

Section
38-865.01

Definition of participant

Defined contribution plan design; purpose; powers and duties of the board; administration; annual report

Contributions; member; employer; pickup

Version 2 - Contributions; member; employer; pickup

Section
38-867.01

Rollover distributions and contributions; definitions

Section
38-867.02

Trustee-to-trustee transfers from system; definitions

Contributions; member; employer; applicability of article

Section
38-868.01

Credit for military service

Group health benefits plan; retired participants; definition

Definitions

Section
38-870.01

Disability program; administration; power and duties of the board; hearing

Section
38-870.02

Disability program trust fund

Section
38-870.03

Eligibility

Section
38-870.04

Employer and participant contributions

Section
38-870.05

Contribution rate

Section
38-870.06

Disability program benefit

Section
38-870.07

Death benefits; survivor or eligible child

Section
38-870.08

Death benefits; surviving spouse; eligible child

Deferred compensation governing committee; members; powers and duties

Definitions

Deferred compensation plan; administration

Voluntary participation; authorization; payroll salary deductions; employer contributions

Effect of participation

Definitions

Section
38-881.01

Employees hired on or after July 1, 2018; defined contribution plan; benefit election; disability

Corrections officer retirement plan and fund; administration

Board of trustees; powers and duties; reporting requirements

Section
38-883.01

Qualified governmental excess benefit arrangement; definitions

Membership of retirement plan; termination; credited service; redemption; reemployment

Section
38-884.01

Reinstatement of credited service; effect of prior law

Normal retirement; conditions and pension

Section
38-885.01

Reverse deferred retirement option plan; purpose

Section
38-885.02

Early retirement

Accidental disability retirement; total and permanent disability retirement; qualification; amount of pension; conditions for continued payment of pension

Section
38-886.01

Ordinary disability retirement; qualifications; amount of pension; conditions for continued payment of pension; definition

Pension to surviving spouse of deceased retired member

Pension to the surviving spouse of a member

Guaranteed minimum aggregate payout

Pensions; commencement and duration

Employer and member contributions

Section
38-891.01

Retired member; return to work; employer contributions

Internal revenue code section 414(h) pickup of member contributions

Local boards; powers and duties; rules; hearings; administrative review

Section
38-893.01

Voluntary local board consolidation; membership; duties

Financial objective of the retirement plan; participating employer contributions

Maximum annual pension; limitations; definition

Section
38-895.01

Compensation limitation; adjustments; definition

Section
38-895.02

Payment of pension

Section
38-895.03

Required distributions

Taxation of pensions; exemption for contributions

Assignments prohibited; liability of fund

Subrogation; right of setoff

Correction of errors

Internal revenue code qualification

Section
38-900.01

Statutory construction

Section
38-900.02

Adjustment and refund; termination of plan

Transfers into or out of retirement plan

Joinder agreement

Reservation to the legislature

Death benefits; amount

Section
38-905.05

Cost-of-living adjustment; members hired on or before June 30, 2018

Section
38-905.06

Cost-of-living adjustment; members hired on or after July 1, 2018; definition

Group health and accident coverage for retired members; payment; forfeiture of interest

Credit for military service

Transfer of credited service

Redemption of prior service; calculation

Section
38-909.01

Purchase of service; payment

Domestic relations orders; procedures; payments

Deferred annuity; eligibility; amount; exception

Civil liability; restitution or payment of fine; forfeiture of benefits; violation; classification; offset of benefits

Discount rate; service purchase; transfer of service credits

Employer disclosure; funding ratio

Transfer of retirement service credits from one retirement system or plan to another retirement system or plan in this state; definitions

Transfer or redemption of service credits

Transfer of service credits between municipal retirement systems and special retirement plans; definitions

Transfer of service credits

Definitions

Arizona employers' pension prefunding plan

Administration and investment by the board; investment options; administrative costs

Board authorization of employer participation; employer election

Transfer of monies by employer

Transfer of assets out of the prefunding plan; requirements

Termination of employer's participation; prefunding plan termination

Annual financial statements; audit; actuarial valuation report; unfunded pension liability calculation

Nontaxable status of prefunding plan; intent

Board rules; procedures; discretionary fiduciary duty

Definitions

Supplemental defined contribution plan; establishment; administration

Supplemental option

Vesting

Public safety officer; duty-related injury; supplemental benefits plan; definitions

Section
38-1001

Definitions

Section
38-1002

Merit system council for law enforcement officers

Section
38-1003

Powers and duties of council

Section
38-1004

Appeals; hearings

Section
38-1005

Status of persons employed prior to merit system institution

Section
38-1006

Authority of city or town to use county merit system council

Section
38-1007

Exemptions

Section
38-1101

Definitions

Section
38-1102

Peace officers bill of rights; preemption

Section
38-1103

Discipline of law enforcement officers; exceptions

Section
38-1104

Internal investigations; employee representative; polygraph examination; exception

Section
38-1105

Law enforcement officer as witness; right to representation; exception

Section
38-1106

Appeal of disciplinary actions; transcripts; change of hearing officer or administrative law judge; burden of proof; exception

Section
38-1107

Superior court review hearing; remedy; exceptions

Section
38-1108

Polygraph examinations; exception

Section
38-1109

Confidentiality of records; exception

Section
38-1110

Time limitation on disciplinary action against law enforcement officer; exceptions

Section
38-1111

Critical incident stress management team member; privilege; exceptions; definitions

Section
38-1112

Law enforcement officers; fitness for duty examinations; rights of officers; definitions

Section
38-1113

Carrying of firearms by peace officers; exceptions; definitions

Section
38-1114

Health insurance payments for spouse or dependents of law enforcement officer killed in the line of duty; applicability; definitions

Section
38-1115

Officers; purchase of firearm; definitions

Section
38-1116

Use of force incident investigation; right to view recorded video; statement

Section
38-1117

Law enforcement officer investigation and discipline committee, board, agency, department, entity or person; membership; qualifications; exceptions; statewide concern

Section
38-1118

Use-of-force incidents; data collection; reports; rules; public records; definitions

Section
38-1119

Law enforcement officers; database; notice; request for reconsideration; definitions

Section
38-1120

Peace officer complaint; mandatory notice

Section
38-1131

Definitions

Section
38-1132

Preemption

Section
38-1133

Discipline of probation officers

Section
38-1134

Internal investigations; employee representative; polygraph examination

Section
38-1135

Probation officers as witnesses; right to representation

Section
38-1136

Appeal of disciplinary action; change of hearing officer; burden of proof

Section
38-1137

Confidentiality of records

Section
38-1138

Polygraph examinations

Section
38-1139

Critical incident stress management team member; privilege; exceptions; definitions

Section
38-1140

Probation officers; fitness for duty; examinations; rights of probation officers; definitions

Section
38-1141

Health insurance payments for spouse or dependents of a probation officer killed in the line of duty; applicability; definitions

Section
38-1161

Civilian review board members; required training; statewide concern; exception; definition