§ 1.2.8.4 FULL EROSION OF PUBLIC SECTOR EMPLOYEE PROTECTION.

• Jurisdiction: Arizona

§ 1.2.8.4 Full Erosion of Public Sector Employee Protection. In 2012, then-Governor Jan Brewer proposed "Personnel Reform" legislation, a 219-page bill that, in effect, changed most state employees into uncovered,¹⁴² at-will employees: "All new hires are at will uncovered employees."¹⁴³ The legislation consolidated the state personnel systems, established uncovered at-will status for almost everyone in the state workforce, claimed to improve management of the workforce, and restructured (by eliminating) the grievance and appeal process. In essence, it eradicated the state "merit system," which protected most state employees from arbitrary firing, and it established a "spoils system,"¹⁴⁴ purportedly to "support the State's ability to attract, hire and retain high-performing employees."¹⁴⁵ It also increased a monetary penalty against managers who knowingly commit a prohibited personnel practice of retaliating against an employee in violation of the state whistleblower protection act.¹⁴⁶ This seemingly pro-whistleblower step was somewhat offset by the cap imposed on attorney fees for an employee or former employer who prevails in a whistleblower action: $10,000.¹⁴⁷

The bill redefined workweek as a period of seven consecutive days starting Saturday at 12:00 a.m. and ending Friday at 11:59 p.m.¹⁴⁸

Although under new § 41-742 "all new hires are at will uncovered employees,"¹⁴⁹ exceptions include elected officials, attorney general's office employees,¹⁵⁰ retirement system heads,¹⁵¹ and law enforcement personnel.¹⁵²

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Notes:

^[142] A covered employee under former A.R.S. § 41-770 was one who was protected under merit system rules and who could be discharged only for causes such as incompetency, dishonesty, drunkenness on duty, unauthorized use of state property, and other listed offenses. The state personnel board had independent authority to make decisions regarding the appropriate penalty?if...