Bill Text: AZ HB2742 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: State employees; disciplinary action; representation
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2010-02-16 - Referred to House PERER Committee [HB2742 Detail]
Download: Arizona-2010-HB2742-Introduced.html
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REFERENCE TITLE: state employees; disciplinary action; representation |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2742 |
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Introduced by Representatives Tovar, Chabin, Garcia M, Heinz, Pancrazi, Sinema: Ableser, Farley, Miranda B, Quelland
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AN ACT
amending title 41, chapter 4, article 5, Arizona Revised Statutes, by adding section 41‑765; relating to state personnel ADMINISTRATION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 4, article 5, Arizona Revised Statutes, is amended by adding section 41-765, to read:
41-765. State employees; right to representation; personnel file
A. If an employer interviews an employee and the employer reasonably believes that the interview could result in dismissal, demotion or suspension:
1. The employee may request to have a representative of the employee present at no cost to the employer during the interview. The employee shall select a representative who is available on reasonable notice so that the interview is not unreasonably delayed. The representative shall participate in the interview only as an observer. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney. The employee shall be permitted reasonable breaks of limited duration during any interview for telephonic or in person consultation with others, including an attorney, who are immediately available. An employer shall not discipline, retaliate against or threaten to retaliate against an employee for requesting that a representative be present or for acting as the representative of an employee pursuant to this paragraph.
2. Before the commencement of any interview described in this section, the employer shall provide the employee with a written notice informing the employee of the specific nature of the investigation, the employee's status in the investigation, all known allegations of misconduct that are the reason for the interview and the employee's right to have a representative present at the interview.
3. The employer may require the employee to submit to a polygraph examination if the employee makes a statement to the employer during the investigation that differs from other information relating to the investigation that is known to the employer and reconciling that difference is necessary to complete the investigation. If a polygraph examination is administered pursuant to this paragraph, the employer or the person administering the polygraph examination shall make an audio recording of the complete polygraph procedure and provide a copy of the recording to the employee.
4. The employee, at the conclusion of the interview, is entitled to a period of time to consult with the employee's representative and may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview.
B. Subsection A does not require the employer to either:
1. Stop an interview to issue another notice for allegations based on information provided by the employee during the interview.
2. Disclose any fact to the employee or the employee's representative that would impede the investigation.
C. Subsection A, paragraphs 1 and 2 do not apply to an interview of an employee that is:
1. In the normal course of duty, counseling or instruction or an informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other employee.
2. Preliminary questioning to determine the scope of the allegations or if an investigation is necessary.
3. Conducted in the course of a criminal investigation.
4. Conducted in the course of a polygraph examination.
D. An employer shall not include in that portion of the personnel file of an employee that is available for public inspection and copying any information about an investigation until the investigation is complete or the employer has discontinued the investigation. If the employee has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process.
