Arizona Title 38 - Public Officers and Employees
Chapter 1 - GENERAL PROVISIONS
Article 1 - Definitions
Chapter 2 - QUALIFICATION AND TENURE
Article 1 - Qualifications
Article 2 - Nomination and Confirmation of Appointive Officers
Article 3 - 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
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
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
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
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
- §38-618.01 Performance pay for state employees; applicability; definition
- §38-619 Performance based incentives program oversight committee; definition
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
- §38-749 Employer termination incentive program; employer payment of actuarial cost; definition
- §38-755 Information as to member's status; spousal notification
- §38-756 Outreach education program
- §38-757 Normal retirement
- §38-758 Early retirement
- §38-759 Late retirement
- §38-760; Version 2 Optional forms of retirement benefits
- §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
- §38-775 Required distributions; definitions
- §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; Version 2 Membership of retirement plan; termination; credited service; redemption
- §38-884 Membership of retirement plan; termination; credited service; redemption
- §38-885 Normal retirement; conditions and pension
- §38-885.01 Reverse deferred retirement option plan; purpose
- §38-886 Accidental disability retirement; total and permanent disability retirement; qualification; amount of pension; conditions for continued payment of pension
- §38-886.01 Ordinary disability retirement for full-time dispatchers; qualifications; amount of pension; conditions for continued payment of pension; definition
- §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
- §38-923 Transfer of service credits between municipal retirement systems and special retirement plans; definitions
- §38-924 Transfer of service credits
Article 8 - Supplemental Defined Contribution Plans
- §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