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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