Bill Text: AZ SB1350 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Public employees; political activities
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2011-02-01 - Referred to Senate GR Committee [SB1350 Detail]
Download: Arizona-2011-SB1350-Introduced.html
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REFERENCE TITLE: public employees; political activities |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1350 |
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Introduced by Senators Antenori: Allen, Barto, Crandall, Gould, Klein, Melvin, Shooter, Smith, Yarbrough
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AN ACT
amending title 38, Arizona Revised Statutes, by adding chapter 9; amending section 41-771, Arizona Revised Statutes; transferring and renumbering section 41-772, Arizona Revised Statutes, for placement in title 38, chapter 9, article 1, Arizona Revised Statutes, as added by this act, as section 38‑1202; amending section 38-1202, Arizona Revised Statutes, as transferred and renumbered by this act; amending sections 41-775 and 41-1830.15, Arizona Revised Statutes; relating to public employee political activities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, Arizona Revised Statutes, is amended by adding chapter 9, to read:
CHAPTER 9
PUBLIC EMPLOYEE POLITICAL ACTIVITY
ARTICLE 1. GENERAL PROVISIONS
38-1201. Definition of employee
In this chapter, unless the context otherwise requires, "employee" means an individual who is employed by this state or a political subdivision of this state, except for an elected officer.
Sec. 2. Section 41-771, Arizona Revised Statutes, is amended to read:
41-771. Exemptions
A. This article and article 6 of this chapter do not apply to:
1. Elected state officers.
2. State officers and members of boards and commissions who are appointed by the legislature or the governor, the employees of the governor's office, the employees of the Arizona legislative council and the employees of the supreme court and the court of appeals.
3. State officers and employees who are appointed or employed by the legislature or either house of the legislature.
4. The curator, curatorial aides and tour guides and any other person who is employed to work in the state capitol museum.
5. Officers or employees of state universities and personnel of the Arizona state schools for the deaf and the blind.
6. Patients or inmates who are employed in state institutions.
7. Officers and enlisted personnel of the national guard of Arizona.
8. The single administrative or executive director and one deputy director of each state department or agency.
9. Not more than two assistants who serve in the office of an elected state officer, if that elected state officer is the sole elected head of the department.
10. One administrative assistant who serves a board or commission elected to head a state agency, department or division, and one assistant for each elected member of such a board or commission.
11. Persons who report directly to the governor.
12. Employees of the department of emergency and military affairs who occupy Arizona national guard positions identified as mobilization assets.
13. Except as otherwise required by federal law and except for certified peace officers as defined in section 38-842, correctional officers and juvenile correctional officers, state officers and employees who are appointed or employed after December 31, 2006 and who are at a pay grade of twenty-four or above.
14. Any other position exempted by law.
B. Except for section 41‑772, subsections D, E and F, This article and article 6 of this chapter do not apply to those positions determined by the director to meet any of the following criteria:
1. Top level positions in a department or agency that determine and publicly advocate substantive program policy. This includes those persons who are engaged in the direction of line operations if they report directly to the director or deputy director of the agency and in large multiprogram agencies those persons who report directly to the head of a primary component of the department or agency.
2. Those persons who are required to maintain a direct confidential working relationship with an exempt official.
3. Persons who provide legal counsel.
4. Positions that are part time.
5. Positions that are temporary and that are established for the purpose of conducting a special project, study or investigation.
6. Positions that are essentially for rehabilitation purposes.
7. Positions that are determined by the director to be directly or indirectly engaged in establishing policy or enforcement standards.
8. Directors of all institutions that maintain supervision or care on a twenty‑four hour per day basis other than halfway houses or group homes.
Sec. 3. Section 41-772, Arizona Revised Statutes, is transferred and renumbered for placement in title 38, chapter 9, article 1, Arizona Revised Statutes, as added by this act, as section 38-1202 and, as so renumbered, is amended to read:
38-1202. Prohibitions; violation; classification; civil penalty; protection of civil or political liberties
A. An employee shall not:
1. Use any political endorsement in connection with any appointment to a position in the state service.
2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration.
B. An employee or member of the personnel board shall not be a member of any national, state or local committee of a political party, an officer or chairman of a committee of a partisan political club, or a candidate for nomination or election to any paid public office, shall not hold any paid, elective public office or shall not take any part in the management or affairs of any political party or in the management of any partisan or nonpartisan campaign or recall effort, except that any employee may:
1. Express his opinion.
2. Attend meetings for the purpose of becoming informed concerning the candidates for public office and the political issues.
3. Cast his vote and sign nomination or recall petitions.
4. Make contributions to candidates, political parties or campaign committees contributing to candidates or advocating the election or defeat of candidates.
5. Circulate candidate nomination petitions or recall petitions.
6. Engage in activities to advocate the election or defeat of any candidate.
7. Solicit or encourage contributions to be made directly to candidates or campaign committees contributing to candidates or advocating the election or defeat of candidates.
C. Except for expressing his opinion or pursuant to section 16‑402, an employee shall not engage in any activity permitted by this section while on duty, while in uniform or at public expense.
D. A person shall not solicit any employee or a member of the personnel board to engage or not engage in activities permitted by this section with the direct or indirect use of any threat, intimidation or coercion including threats of discrimination, reprisal, force or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation.
E. A person shall not subject any employee or a member of the personnel board engaging in activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation.
F. A person shall not subject any employee or member of the personnel board who chooses not to engage in any activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation.
G. The provisions of This section do does not apply to school board elections or community college district governing board elections, and an employee may serve as a member of the governing board of a common or high school district or as a member of a community college district governing board.
H. An employee who violates any of the provisions of this section shall be subject to suspension of not less than thirty days or dismissal.
I. A person who violates:
1. Subsection D, E or F of this section is guilty of a class 6 felony.
2. Any other provision of this section is guilty of a class 1 misdemeanor.
J. In addition to any other penalty, any person soliciting or encouraging a contribution in a manner prohibited by this section is subject to a civil penalty of up to three times the amount of the contribution solicited or encouraged plus costs, expenses and reasonable attorney fees.
K. Nothing contained in this section shall be construed as denying any employee or board member his civil or political liberties as guaranteed by the United States and Arizona Constitutions.
L. It is the public policy of this state, reflected in this section, that government programs be administered in an unbiased manner and without favoritism for or against any political party or group or any member in order to promote public confidence in government, governmental integrity and the efficient delivery of governmental services and to ensure that all employees are free from any express or implied requirement or any political or other pressure of any kind to engage or not engage in any activity permitted by this section. Toward this end, any person or entity charged with the interpretation of this section shall take into account the policy of this section and shall construe any of its provisions accordingly.
Sec. 4. Section 41-775, Arizona Revised Statutes, is amended to read:
41-775. Violation; classification
A. Except as provided in section 41‑772, Any person who knowingly commits any act unlawful under this article or who violates any provision of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.
B. Any person who is convicted of a class 2 misdemeanor under this article shall, for a period of five years, shall be ineligible for appointment to or employment in a position in the state service and, if he is an employee of the state at the time of conviction, is subject to suspension for not less than ninety days or dismissal. END_STATUTE
Sec. 5. Section 41-1830.15, Arizona Revised Statutes, is amended to read:
41-1830.15. Causes for dismissal or discipline; definitions
A. The director of the department of public safety may dismiss or discipline any classified employee based on any of the following causes:
1. Fraud or misrepresentation in securing employment.
2. Incompetency.
3. Inefficiency.
4. Inexcusable neglect of duty or unauthorized absence.
5. Insubordination.
6. Dishonesty.
7. Physical or mental disability subject to the provisions of the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213).
8. Unauthorized drinking on duty or drunkenness on duty.
9. Being impaired by alcohol or drugs, as provided in title 13, chapter 34, while on duty.
10. Commission of any crime classified as a felony.
11. Discourteous treatment of the public or other employees.
12. Commission of any crime involving moral turpitude.
13. Improper political activity as proscribed in section 41‑772 38‑1202.
14. Misuse or unauthorized use of state property.
15. Addiction to the illegal use of a narcotic or dangerous drug.
16. Any other failure of good behavior or acts either during or outside of duty hours that are incompatible with or inimical to the interest of the department of public safety.
B. For the purposes of this section:
1. "Incompetency" means the lack of ability or judgment, legal qualifications or fitness to discharge required duties.
2. "Inefficiency" means the failure to produce as required for reasons other than incompetency.END_STATUTE
