§ 37.3.3.1 Separation and Disciplinary Actions.

• Jurisdiction: Arizona

§ 37.3.3.1 Separation and Disciplinary Actions. The tenure of an employee with nonprobationary status in covered service generally continues during good behavior and the satisfactory performance of duties. The appointing authority may discipline or remove any employee in covered service for cause as provided in A.R.S. § 41-773 and in A.A.C. R2-5A-501. Prior to the decision to suspend for more than 80 hours without pay or dismiss a covered employee, such employee is entitled first to notice and explanation of the charges against the employee, and an opportunity to present in writing the reasons and documentation stating why the proposed suspension or dismissal should not be taken. A.A.C. R2-5B-303, 305; Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).

If the appointing authority decides to dismiss, demote or suspend for more than 80 working hours (or more than 40 working hours if the employee is a full authority peace officer, A.A.C. R2-5B-402(A)(1)(b)(i)), the employer must be furnished a written statement of the statutory grounds listed under A.R.S. § 41-773 and A.A.C. R2-5A-501, or other grounds for the action...