ARS Title 38 - Public Officers and Employees

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Arizona Law

Arizona Revised Statutes

Title 38

Arizona 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 longterm subsistence allowance; items covered by reimbursement; amount predetermined by department of administration
38-625	Receipts for transportation
38-626	Outofstate travel; approval; exemptions
38-626.01	Authorization for certain outofstate 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	Longterm 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	Federalstate 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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