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Arizona Law Arizona Revised Statutes Title 38Arizona Revised Statutes Title 38
Public Officers and Employees
| Chapter 1 | GENERAL PROVISIONS |
| Article 1 | Definitions |
| 38-101 | Definitions |
| Chapter 2 | QUALIFICATION AND TENURE |
| Article 1 | Qualifications |
| 38-201 | General qualifications |
| Article 2 | Nomination and Confirmation of Appointive Officers |
| 38-211 | Nominations by governor; consent of senate; appointment |
| 38-212 | Limitation on appointments |
| Article 3 | Commission of Office |
| 38-221 | Commission of office |
| Article 4 | Oath of Office |
| 38-231 | Officers and employees required to take loyalty oath; form; classification; definition |
| 38-232 | Time of oath |
| 38-233 | Filing oaths of record |
| 38-234 | Usurpation of office; classification |
| Article 5 | Official Bond |
| 38-251 | State officers and employees blanket bond; amount; approval |
| 38-253 | Approval of bond; filing |
| 38-254 | Bond premiums as public charge |
| 38-255 | Recording of bond; copies |
| 38-256 | Form of official bonds |
| 38-257 | Justification of sureties; officers ineligible as sureties |
| 38-258 | Limitation of liability by sureties |
| 38-259 | Extent of liability |
| 38-260 | Beneficiaries of bond |
| 38-261 | Successive recoveries |
| 38-262 | Defects in form, approval or filing of bond |
| 38-263 | Additional bond; failure to file |
| 38-264 | Additional bond; terms |
| 38-265 | Liability on original and additional bonds |
| 38-266 | Judgment on original and additional bonds; contribution of sureties |
| 38-267 | Discharge of sureties |
| 38-268 | Bonds of persons appointed to fill vacancies |
| 38-269 | Withdrawal of surety; effect on remaining sureties |
| 38-270 | Supplemental bond upon withdrawal of surety; exception |
| 38-271 | Effect of withdrawal on liability of surety |
| 38-272 | Affidavit of plaintiff in action to recover on bond that defendant owns real property; notice to recorder |
| 38-273 | Recording notice of ownership of real property; lien of judgment |
| Article 6 | Vacancy in Office |
| 38-291 | Vacancy defined |
| 38-292 | Notice of vacancy in office |
| 38-293 | Effect of conviction of officer |
| 38-294 | Resignations |
| 38-295 | Term of office; discharge of official duties after expiration of term; appointment to fill unexpired term |
| 38-296 | Limitation upon filing for election by incumbent of elective office |
| 38-296.01 | Limitation on running for multiple offices |
| 38-297 | Temporary vacancy resulting from military service; appointive officers and employees |
| 38-298 | Restoration to position following military service |
| 38-299 | Effect of expiration of term prior to separation from military service |
| 38-300 | Temporary vacancy resulting from military service; elective office |
| Article 7 | Impeachment of State and Judicial Officers |
| 38-311 | Officers subject to impeachment |
| 38-312 | Articles of impeachment |
| 38-313 | Impeachment hearing; service on accused |
| 38-314 | Court of impeachment; organization |
| 38-315 | Witness fees; execution of process |
| 38-316 | Absence of senator from hearing |
| 38-317 | Compensation of impeachment personnel |
| 38-318 | Expenses of impeachment proceedings |
| 38-319 | Vacancy in board of managers |
| 38-320 | Appearance of accused; plea |
| 38-321 | Judgment |
| 38-322 | Performance of official duties by accused |
| Article 8 | Removal of County and Precinct Officers |
| 38-341 | Accusation by grand jury |
| 38-342 | Service on accused; appearance and plea |
| 38-343 | Trial; judgment |
| 38-344 | Procedure upon accusation of county attorney |
| 38-345 | Right of appeal; suspension from office pending appeal |
| Article 9 | Successor to Office |
| 38-361 | Powers and duties of successor in office |
| 38-362 | Delivery of property and records to successor |
| 38-363 | Withholding or destruction of records or property of office by former officer; classification |
| 38-364 | Summary proceedings to obtain property and records of office |
| Chapter 2.1 | CONTINUITY OF STATE AND LOCAL GOVERNMENT |
| Article 1 | General Provisions |
| 38-381 | Declaration of policy |
| 38-382 | Definitions |
| 38-383 | Unavailability of governor; appointment of temporary successor |
| 38-384 | Unavailability of other elected officers of the state or political subdivisions; appointment of temporary successor |
| 38-385 | Convening legislating bodies in event of an attack |
| 38-386 | Quorum and vote requirements of state and local legislating bodies |
| Chapter 3 | CONDUCT OF OFFICE |
| Article 1 | Hours for State Offices |
| 38-401 | Office hours for state offices |
| Article 2 | Fees |
| 38-411 | Record of fees; inspection of fee book |
| 38-412 | Posting schedule of fees |
| 38-413 | Charging excessive fees; classification |
| 38-414 | Collection of fees; failure to report amount collected; classification |
| Article 3 | Records |
| 38-421 | Stealing, destroying, altering or secreting public record; classification |
| 38-422 | Failure of tax or revenue collector or disburser to permit inspection of books by attorney general or county attorney; classification |
| 38-423 | Making or giving false certificate; classification |
| 38-424 | Use of tape recorders or other recording devices; exception |
| Article 3.1 | Public Meetings and Proceedings |
| 38-431 | Definitions |
| 38-431.01 | Meetings shall be open to the public |
| 38-431.02 | Notice of meetings |
| 38-431.03 | Executive sessions |
| 38-431.04 | Writ of mandamus |
| 38-431.05 | Meeting held in violation of article; business transacted null and void; ratification |
| 38-431.06 | Investigations; written investigative demands |
| 38-431.07 | Violations; enforcement; removal from office; in camera review |
| 38-431.08 | Exceptions; limitation |
| 38-431.09 | Declaration of public policy |
| Article 4 | Official Acts |
| 38-441 | Discharge of duties of another office; attestation |
| 38-442 | Persons acting as public officers without qualifying; classification; effect of acts |
| 38-443 | Nonfeasance in public office; classification |
| 38-444 | Asking or receiving illegal gratuity or reward; classification |
| 38-445 | Using pass or obtaining special rates for transportation; classification; exception |
| 38-446 | Acts based on written opinions; immunity |
| 38-447 | Violation of prohibition against acquisition of certain interests by public officers; classification |
| 38-448 | State employees; access to internet pornography prohibited; cause for dismissal; definitions |
| Article 5 | Deputies and Assistants |
| 38-461 | Appointment and recording of appointment |
| 38-462 | Powers and duties of deputies |
| 38-463 | Liability of officer on bond for acts of deputies and assistants; bond of deputies and assistants; approval |
| 38-464 | Authorization for payment of salary; limitation |
| 38-465 | Purchase of appointment to office; classification |
| 38-466 | Sale of appointment to office; classification |
| Article 6 | Employment of Relatives |
| 38-481 | Employment of relatives; violation; classification; definition |
| Article 7 | Civil Service Preference for Veterans |
| 38-491 | Eligibility; age limit |
| 38-492 | Preferences |
| 38-493 | Effect of article |
| 38-494 | Violations; classification |
| Article 8 | Conflict of Interest of Officers and Employees |
| 38-501 | Application of article |
| 38-502 | Definitions |
| 38-503 | Conflict of interest; exemptions; employment prohibition |
| 38-504 | Prohibited acts |
| 38-505 | Additional income prohibited for services |
| 38-506 | Remedies |
| 38-507 | Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee |
| 38-508 | Authority of public officers and employees to act |
| 38-509 | Filing of disclosures |
| 38-510 | Penalties |
| 38-511 | Cancellation of political subdivision and state contracts; definition |
| Article 8.1 | Standards of Conduct for Members of the State Legislature |
| 38-519 | Legislative ethics committees; membership; powers and duties; code of ethics |
| Article 9 | Disclosure of Information by Public Employees |
| 38-531 | Definitions |
| 38-532 | Prohibited personnel practice; violation; reinstatement; exceptions; civil penalty |
| 38-533 | Exemptions |
| 38-534 | Appropriate independent personnel boards |
| Article 10 | Designation of State and Political Subdivision Motor Vehicles |
| 38-538 | Designation of state and political subdivision motor vehicles; definition |
| 38-538.01 | State and political subdivision vehicles; patterns and insignias; violation; classification |
| 38-538.02 | Use of state motor vehicles; personal vehicle reimbursement |
| 38-538.03 | Exemptions |
| 38-538.04 | Violation; classification |
| Chapter 3.1 | STANDARDS FOR FINANCIAL DISCLOSURE |
| Article 1 | General Provisions |
| 38-541 | Definitions |
| 38-542 | Duty to file financial disclosure statement; contents; exceptions |
| 38-543 | Duty to file financial disclosure statement by candidate for public office |
| 38-544 | Violation; classification |
| 38-545 | Local public officers financial disclosure |
| Chapter 3.2 | PUBLIC SERVICE ORIENTATION PROGRAMS |
| Article 1 | General Provisions |
| 38-591 | Definitions |
| 38-592 | Public service orientation programs; implementation |
| Chapter 4 | COMPENSATION AND INSURANCE |
| Article 1 | Salaries |
| 38-601 | Effect of payment of legal salary |
| 38-602 | Limitation on action for salary; waiver of right to additional salary |
| 38-606 | Suspension of salary pending determination of contested title to office; exception |
| 38-607 | Recovery of payment to disqualified persons |
| 38-608 | Compensation or time off for legal holidays |
| 38-609 | Retention of salary of subordinate; classification |
| 38-610 | Leave of absence for military training; definition |
| 38-610.01 | Leave of absence and compensation for officers and employees during active military service |
| 38-611 | Compensation of certain state officers and employees |
| 38-612 | Administration of payroll salary deductions |
| 38-613 | State employee suggestion program awards; fund |
| 38-614 | Merit awards; county employees; merit award system board; special merit award fund |
| 38-615 | Payment for accumulated sick leave; limit; definition |
| 38-616 | Retiree accumulated sick leave fund; administration; contribution |
| 38-617 | County safety incentive awards |
| 38-618 | Performance based incentives program |
| 38-619 | Performance based incentives program oversight committee |
| Article 2 | Reimbursement for Expenses |
| 38-621 | Persons eligible to receive travel expenses |
| 38-622 | Authorization for travel; claims |
| 38-623 | Means of travel; rates |
| 38-624 | Lodging expenses; meal and incidental expense reimbursement and long term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration |
| 38-625 | Receipts for transportation |
| 38-626 | Out of state travel; approval; exemptions |
| 38-626.01 | Authorization for certain out of state travel by state employees |
| 38-627 | Use of state equipment out of state |
| Article 3 | Fire Fighter Cancer Insurance |
| 38-641 | Definitions |
| 38-642 | Fire fighter cancer insurance policy program |
| 38-643 | Fire fighter cancer insurance policy program account |
| 38-644 | Eligibility |
| 38-645 | Coverage |
| Article 4 | Health and Accident Insurance |
| 38-651 | Expenditure of monies for health and accident insurance |
| 38-651.01 | Group health and accident coverage for retired public employees and elected officials and their dependents |
| 38-651.02 | Expenditure of funds for group life and group accidental death and dismemberment insurance; group life coverage for former elected officials |
| 38-651.03 | Expenditure of funds for disability income insurance |
| 38-651.04 | Procurement of insurance; combining of coverages |
| 38-651.05 | Flexible or cafeteria employee benefit plan; fund; exception |
| 38-652 | Experience rating dividends and unused claim reserves; deposit; trust account; investment of monies; disposition of trust account funds; audit; report |
| 38-653 | Rules and regulations |
| 38-654 | Special employee health insurance trust fund; purpose; investment of monies; use of monies; exemption from lapsing; annual report |
| 38-656 | 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 |
| 38-657 | Long term care insurance |
| 38-658 | Report to joint legislative budget committee |
| Chapter 5 | SOCIAL SECURITY AND RETIREMENT |
| Article 1 | Social Security for Public Officers and Employees |
| 38-701 | Definitions |
| 38-702 | Federal state agreement |
| 38-703 | Plans for coverage of employees of eligible political subdivisions; payroll audits |
| 38-704 | Rule making powers of state agency |
| 38-705 | Studies and reports by state agency |
| 38-706 | Referenda and certification |
| Article 2 | Arizona State Retirement System |
| 38-711 | Definitions |
| 38-712 | ASRS purpose; trust fund |
| 38-713 | ASRS board; qualifications; term; compensation |
| 38-714 | Powers and duties of ASRS and board |
| 38-715 | Director; powers and duties |
| 38-716 | Reports; global security risk |
| 38-717 | Liability insurance and immunity for the board |
| 38-718 | Investment management; qualifications; term; removal; general powers and duties |
| 38-719 | Investment of monies; limitations |
| 38-720 | ASRS depository |
| 38-721 | Administration account |
| 38-727 | Eligibility; options |
| 38-728 | Elected officers of incorporated cities and towns; plan membership |
| 38-729 | Political subdivision plans |
| 38-730 | Charter city retirement systems; transfers |
| 38-735 | Payment of contributions |
| 38-736 | Member contributions |
| 38-737; Version 2 | Employer contributions |
| 38-737 | Employer contributions; definition |
| 38-738 | Adjustment and refund |
| 38-739 | Credited service |
| 38-740 | Return of contributions |
| 38-741 | Reemployment of inactive member |
| 38-742 | Reinstatement |
| 38-743 | Public service credit |
| 38-744 | Leave of absence; credit for leave without pay |
| 38-745 | Credit for military service |
| 38-746 | Compensation limitation; adjustments |
| 38-747 | Purchase of credited service; payment; limitations; definitions |
| 38-748 | Employers; termination option |
| 38-749 | Employer retirement incentive option; employer payment of actuarial cost; definition |
| 38-755 | Information as to member's status |
| 38-756 | Outreach education program |
| 38-757 | Normal retirement |
| 38-758 | Early retirement |
| 38-759 | Late retirement |
| 38-760 | Optional forms of retirement benefits |
| 38-761 | Level income alternative |
| 38-762 | Survivor benefits before retirement; definition |
| 38-763 | Survivor benefits after retirement |
| 38-764 | Commencement of retirement; payment of retirement benefits; lump sum payments |
| 38-765 | Errors; benefit recomputation |
| 38-766 | Retired members; return to work; maximum benefit |
| 38-766.01 | Retired members; return to work |
| 38-767 | Benefit increases |
| 38-768 | Minimum retirement benefit |
| 38-769 | Maximum retirement benefits; termination; definitions |
| 38-770 | Eligible rollover distribution; definitions |
| 38-771 | Benefit options for transferred defined contribution program members; definitions |
| 38-771.01 | Alternative benefits for transferred defined contribution program members; definitions |
| 38-772 | Prior service under defined contribution program administered by ASRS; definitions |
| 38-773 | Benefit payments to alternate payee under acceptable domestic relations order; termination of marriage; revocation of beneficiary designation; definitions |
| 38-774 | Excess benefit arrangement |
| 38-782 | Group health and accident coverage for retired public employees and elected officials and their dependents |
| 38-783 | Retired members; dependents; health insurance; premium payment; separate account; definitions |
| 38-791 | Assurances and liabilities |
| 38-792 | Exemptions from execution, attachment and taxation; exception |
| 38-793 | Violation; classification |
| 38-794 | Reservation to legislature |
| Article 2.1 | Long-Term Disability Program |
| 38-797 | Definitions |
| 38-797.01 | LTD program |
| 38-797.02 | LTD trust fund |
| 38-797.03 | ASRS board; personnel; duties |
| 38-797.04 | Eligibility |
| 38-797.05 | Employer and member contributions |
| 38-797.06 | Contribution rate; annual report; definition |
| 38-797.07 | LTD program benefits; limitations; definitions |
| 38-797.08 | Errors; benefit recomputation |
| 38-797.09 | Facility of payment |
| 38-797.10 | Assurances and liabilities |
| 38-797.11 | Exemptions from execution, attachment and taxation; exception |
| 38-797.12 | Violation; classification |
| 38-797.13 | Reservation to legislature |
| 38-797.14 | Liquidation of LTD program |
| Article 3 | Elected Officials' Retirement Plan |
| 38-801 | Definitions |
| 38-802 | Elected officials' retirement plan and fund; administration |
| 38-803 | Powers and duties of the fund manager |
| 38-803.01 | Qualified governmental excess benefit arrangement; definitions |
| 38-804 | Membership; termination; reinstatement of credited service |
| 38-805 | Normal retirement and early retirement pensions |
| 38-806 | Disability retirement pensions |
| 38-807 | Survivor pensions |
| 38-808 | Pension payments; computation of amounts; termination |
| 38-809 | Correction of pension payment errors; assignments prohibited; liability |
| 38-810 | Contributions |
| 38-810.01 | Internal revenue code qualification |
| 38-810.02 | Statutory construction |
| 38-811 | Taxation of benefits; exemption of contributions and securities |
| 38-812 | Maximum annual pensions; limitations |
| 38-813 | Availability of retired judges for certain legal services; compensation |
| 38-814 | Termination of plan |
| 38-815 | Joinder agreement |
| 38-816 | Redemption of prior service |
| 38-817 | Group health and accident coverage for retired members; payment; definition |
| 38-818 | Benefit increases |
| 38-819 | Lump sum payment of benefit increases |
| 38-820 | National guard or reserve members; credit for military service; payment of contributions during active military service |
| 38-821 | Charter city retirement system service credits; transfers |
| Article 4 | Public Safety Personnel Retirement System |
| 38-841 | Purpose; vested benefits |
| 38-842 | Definitions |
| 38-843 | Contributions |
| 38-843.01 | Internal revenue code section 414(h) pickup of member contributions |
| 38-843.02 | Internal revenue code qualification |
| 38-843.03 | Statutory construction |
| 38-844 | Requirements for retirement benefits and disability pensions |
| 38-844.01 | Vested rights to benefits |
| 38-844.02 | Deferred retirement option plan; purpose |
| 38-844.03 | Eligibility; participation |
| 38-844.04 | Termination of deferred retirement option plan participation |
| 38-844.05 | Deferred retirement option benefits and participation accounts |
| 38-844.06 | Additional deferred retirement option plan provisions |
| 38-844.07 | Designation of deferred retirement option plan beneficiaries |
| 38-844.08 | Payment of deferred retirement option plan benefits |
| 38-844.09 | Internal revenue code compliance |
| 38-844.10 | Reverse deferred retirement option plan |
| 38-845 | Amount of retirement benefit; purchase of firearm |
| 38-846 | Death benefits |
| 38-846.01 | Deferred retirement |
| 38-846.02 | Termination of membership |
| 38-846.03 | Reinstatement of surviving spouse's pension |
| 38-847 | Local boards |
| 38-848 | Fund manager |
| 38-848.01 | Qualified governmental excess benefit arrangement; definitions |
| 38-848.02 | Reports; global security risk |
| 38-849 | Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired or disabled member |
| 38-850 | Assurances and liabilities; fund manager discretion; overpayments; underpayments |
| 38-851 | Participation of new employers |
| 38-852 | Taxation of benefits; exemption of contributions and securities |
| 38-852.01 | Benefits not to be reduced by social security payments |
| 38-853 | Transfer of credited service |
| 38-853.01 | Redemption of prior service |
| 38-854 | Guarantees from prior systems |
| 38-855 | Transfer outside the public safety personnel retirement system |
| 38-856 | Benefit increases |
| 38-856.01 | Lump sum payment of benefit increases |
| 38-857; Version 2 | Group health and accident coverage for retired members; payment; definition |
| 38-857 | Group health and accident coverage for retired members; payment; definition |
| 38-858 | Credit for military service; national guard or reserve members; payment of contributions during active military service |
| 38-859 | Medical boards; purposes; composition; medical examinations |
| Article 5 | Tax Deferred Annuity and Deferred Compensation Programs |
| 38-871 | Annuity and deferred compensation governing committee; members; powers and duties |
| 38-872 | Voluntary participation; authorization |
| 38-873 | Payroll salary deductions; department of administration |
| 38-874 | Effect of participation |
| Article 6 | Corrections Officer Retirement Plan |
| 38-881; Version 2 | Definitions |
| 38-881 | Definitions |
| 38-882 | Corrections officer retirement plan and fund; administration |
| 38-883 | Fund manager; powers and duties |
| 38-883.01 | Qualified governmental excess benefit arrangement; definitions |
| 38-884 | Membership of retirement plan; termination; credited service; redemption |
| 38-885 | Normal retirement; conditions and pension |
| 38-886 | Accidental disability retirement; total and permanent disability retirement; qualification; amount of pension; conditions for continued payment of pension |
| 38-887 | Pension to surviving spouse of deceased retired member |
| 38-888 | Pension to the surviving spouse of a member who dies before retirement |
| 38-889 | Guaranteed minimum aggregate payout |
| 38-890 | Pensions; commencement and duration |
| 38-891 | Employer and member contributions |
| 38-892 | Internal revenue code section 414(h) pickup of member contributions |
| 38-893 | Local boards; powers and duties; rules; hearings; administrative review |
| 38-894 | Financial objective of the retirement plan; participating employer contributions |
| 38-895 | Maximum annual pensions |
| 38-896 | Taxation of pensions; exemption for contributions |
| 38-897 | Assignments prohibited; liability of fund |
| 38-898 | Subrogation; right of setoff |
| 38-899 | Correction of errors |
| 38-900 | Internal revenue code qualification |
| 38-900.01 | Statutory construction |
| 38-901 | Transfers into or out of retirement plan |
| 38-902 | Joinder agreement |
| 38-903 | Reservation to the legislature |
| 38-904 | Death benefits; amount |
| 38-905 | Benefit increases |
| 38-905.01 | Lump sum payment of benefit increases |
| 38-906 | Group health and accident coverage for retired members; payment; definition |
| 38-907 | Credited service for military service; national guard or reserve members; payment of contributions during active military service |
| 38-908 | Transfer of credited service |
| 38-909 | Redemption of prior service; calculation |
| Article 7 | Transfers to Another Retirement System or Plan |
| 38-921 | Transfer of retirement service credits from one retirement system or plan to another retirement system or plan in this state; definitions |
| 38-922 | Transfer or redemption of service credits |
| Article 8 | Supplemental Defined Contribution Retirement Plan Option |
| 38-951 | Definitions |
| 38-952 | Supplemental defined contribution plan; establishment; administration |
| 38-953 | Supplemental option |
| 38-954 | Vesting |
| Chapter 7 | MERIT SYSTEMS |
| Article 1 | Law Enforcement Officers Merit System |
| 38-1001 | Definitions |
| 38-1002 | Merit system council for law enforcement officers |
| 38-1003 | Powers and duties of council |
| 38-1004 | Appeals; hearings |
| 38-1005 | Status of persons employed prior to merit system institution |
| 38-1006 | Authority of city or town to use county merit system council |
| 38-1007 | Exemptions |
| Chapter 8 | LAW ENFORCEMENT OFFICERS |
| Article 1 | General Provisions |
| 38-1101 | Law enforcement officers; probation officers; right to representation; right to evidence on appeal; change of hearing officer or administrative law judge; definitions |
Richard Keyt is a business, transactions, contracts, real estate, estate planning and internet law attorney licensed to practice law in Arizona. He has provided legal services to businesses and people in Arizona since 1980. Formerly a partner at one of the largest law firms in Arizona, Rick now provides big firm quality legal services at small firm rates. Rick can be reached by telephone at 602-906-4953, ext. 3, email at rickkeyt@keytlaw.com and fax at 602-297-6890. Rick's Arizona law, internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com. Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.
KEYTLaw does not guaranty that the Arizona Revised Statutes displayed on www.keytlaw.com are current or complete versions of Arizona statutory law. The statutory information is furnished "as is" and it may not include the current version of the law or new Arizona statutes. See the Arizona State Legislature's web site for more information about the most recent version of Arizona statutes.
This page was last modified on May 27, 2009.
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