There is a newer version of the Arizona Revised Statutes
2010 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 |
38-449 | Display of POW/MIA flag |
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 certain federal training; definition |
38-610.01 | Leave of absence and compensation for officers and employees during active military service |
38-610.02 | Leave of absence and compensation for national disaster medical system employment |
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; requirements; 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; 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 and Peace Officer Cancer Insurance |
38-641 | Definitions |
38-642 | Fire fighter and peace officer cancer insurance policy program |
38-643 | Fire fighter and peace officer 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; definition |
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 |
38-717 | Liability insurance and immunity for the board |
38-718 | Investment management; qualifications; term; removal; general powers and duties; confidentiality of proprietary information |
38-719 | Investment of monies; limitations |
38-720 | ASRS depository |
38-721 | Administration account |
38-722 | Abandoned monies; disposition |
38-727 | Eligibility; options |
38-728 | Elected officers of incorporated cities and towns; plan membership |
38-729 | Political subdivision plans |
38-730 | Charter city or ASRS retirement service credits; transfers |
38-735 | Payment of contributions |
38-736 | Member contributions |
38-737 | Employer contributions |
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 | Employer payment for ineligible persons; definitions |
38-749 | Employer termination incentive program; employer payment of actuarial cost; definition |
38-750 | Transfers out of the system |
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 | 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; suspension of benefits; exceptions; maximum benefit |
38-766.01 | Retired members; return to work; employer contribution payments; definitions |
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 |
38-781 | Supplemental employee deferral plan; public employees; administration; immunity; 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; hearing or review; executive session |
38-797.04 | Eligibility |
38-797.05 | Employer and member contributions |
38-797.06 | Contribution rate; annual report |
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 board |
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; civil liability; restitution or payment of fine; violation; classification; offset of benefits |
38-810 | Contributions |
38-810.01 | Internal revenue code qualification |
38-810.02 | Statutory construction |
38-810.03 | Compensation limitation; adjustments |
38-811 | Taxation of benefits; exemption of contributions and securities |
38-812 | Maximum annual pension; limitations; definition |
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 |
38-818 | Benefit increases |
38-819 | Lump sum payment of benefit increases |
38-820 | Credit for military service |
38-821 | Charter city retirement system service credits; transfers |
38-822 | Domestic relations orders; procedures; payments |
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 |
38-843.04 | Compensation limitation; adjustments |
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 |
38-845 | Amount of retirement benefit; purchase of firearm |
38-845.01 | Maximum annual pension; limitations; definition |
38-846 | Death benefits |
38-846.01 | Deferred annuity |
38-846.02 | Termination of membership |
38-846.03 | Reinstatement of surviving spouse's pension |
38-847 | Local boards |
38-848 | Board of trustees; powers and duties; independent trust fund; administrator; agents and employees |
38-848.01 | Qualified governmental excess benefit arrangement; definitions |
38-848.03 | Appointed investment management |
38-849; Version 2 | Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired or disabled member |
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; board of trustee 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 | Group health and accident coverage for retired members; payment |
38-858 | Credit for military service |
38-859 | Medical boards; purposes; composition; medical examinations |
38-860 | Domestic relations orders; procedures; payments |
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 | Board of trustees; 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 |
38-885.01 | Reverse deferred retirement option plan; purpose; delayed repeal |
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; 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 |
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 pension; limitations; definition |
38-895.01 | Compensation limitation; adjustments |
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 |
38-907 | Credit for military service |
38-908 | Transfer of credited service |
38-909 | Redemption of prior service; calculation |
38-910 | Domestic relations orders; procedures; payments |
38-911 | Deferred annuity; eligibility; amount |
38-912 | Civil liability; restitution or payment of fine; violation; classification; offset of benefits |
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 |
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; burden of proof; polygraph examinations; definitions |
38-1102 | Carrying of firearms by peace officers; exceptions; definitions |
38-1103 | Health insurance payments for spouse or dependents of law enforcement officer killed in the line of duty; definition |
38-1104 | Discipline of law enforcement officers; definitions |
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