§ 37.3.8 The “Whistleblower” Statutes.

• Jurisdiction: Arizona

§ 37.3.8 The “Whistleblower” Statutes. The personnel board has jurisdiction to hear allegations of reprisal by merit system, non-merit system and former state employees who may seek board review pursuant to the state Whistleblower Protection Act, A.R.S. §§ 38-531 et seq. This section describes the scope and limitations of state and local governmental employee protections under that Act, which makes it a prohibited personnel practice for any state employee with control over personnel actions to take reprisal against any other employee who discloses information on a matter of public concern to a public body which the employee believes evidences: (1) a violation of law, and (2) mismanagement, gross waste of monies or abuse of authority. A.R.S. § 38-532(A). The personnel board has authority to hear appeals from employees and former employees alleging violations of A.R.S. §§ 38-531 et seq. However, A.R.S. § 38-533 exempts employees of the state’s universities and board of regents from coverage under the state act if a university or the regents establish a rule or policy that provides protection for whistleblowers. The Arizona Supreme Court has noted that A.R.S. § 38-533 expressly exempts a state university where the university has its own rule for the protection of employees from reprisal for the disclosure...