§ 6.9.2.5 REVIEW OF PUBLIC EMPLOYEE WHISTLEBLOWING ALLEGATIONS BY STATE PERSONNEL BOARD OR APPROPRIATE INDEPENDENT PERSONNEL BOARD.

• Jurisdiction: Arizona

§ 6.9.2.5 Review of Public Employee Whistleblowing Allegations by State Personnel Board or Appropriate Independent Personnel Board. Complaints brought pursuant to the state whistleblower statute by state employees will be heard by the State Personnel Board. A county, a community college district, or school district may establish an independent personnel board or authorize an existing independent board to hear such complaints.²⁵ A community college district or school district governing board may hear such matters itself.²⁶ Complaints pursuant to rule or provision for the protection of an employee from reprisal taken by a state university or the board of regents prior to the retaliatory action²⁷ must be brought in accordance with the institution's applicable procedure.

Hearings by the Personnel Board or any independent board regarding whistleblower allegations are conducted in the same manner as appeal hearings by the Personnel Board for appeals of dismissals, demotions, or suspensions of over 80 hours by state merit system employees,²⁸ except that the employee alleging reprisal bears the burden of proof.²⁹

When an employee complains of reprisal for whistleblowing activities, and the disciplinary action that is imposed would be independently appealable to the Personnel Board even in the absence of the whistleblowing allegation (i.e., a dismissal, demotion, or suspension of over 80 hours), the Personnel Board may hold two separate hearings?one to review the discipline and one to review the whistleblowing allegation. On occasion, the Personnel Board has refused to consolidate the two hearings?even where the parties were willing to do so, and different hearing officers have been used in the two hearings. Such duplicative and expensive procedures, combined with an inability to recover costs and fees and the nonpreclusive effect of the Personnel Board's decision, may cause many employees to avoid the administrative hearing step entirely and instead seek redress directly in superior court.³⁰

A complaint must be filed within 10 days of the effective date of the action taken against the employee.³¹ Care must be taken to determine where the complaint is to be filed. If the community college district, school district, county, city or town has adopted an independent personnel board, with authority to hear complaints by employees covered by the whistleblower statute, the complaint must be filed with that board.³² Most counties and larger cities have established such...