§ 1.2.8.3 DIMINUTION OF PROTECTIONS IN THE PUBLIC SECTOR.

• Jurisdiction: Arizona

§ 1.2.8.3 Diminution of Protections in the Public Sector. Although employee protections (other than those in the context of the labor movement) started in the public sector,¹³⁶ the legislature has recently eroded employee protections in that sector. State employees once were protected by a merit system that required "cause" for disciplinary action to be taken, listed at former A.R.S. § 41-770, and provided non-probationary employees with a right to appeal to the Arizona State Personnel Board if suspended for 80 hours or more, demoted, or terminated.¹³⁷ In the administrative proceeding before the board, the agency's burden was to prove by a preponderance of the evidence that it had sufficient cause for the disciplinary action.¹³⁸ Similar to merit protection boards in cities and states throughout the country, the personnel board could modify or reverse the discipline imposed by an agency if it disagreed with the action or penalty imposed by...