Ariz. Admin. Code § 2-5B-402

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-5B-402 - Grievance System

A. General. Each agency that has one or more covered employees shall:

1. Adopt a grievance procedure which will afford each covered employee a systematic means of resolving an employee's disagreement with the receipt of a disciplinary action that is either:

a. A written reprimand, or

b. A suspension of:

i. 40 working hours or less if the employee is a full authority peace officer, or

ii. 80 working hours or less if the employee is a covered employee in any other capacity.

2. Designate an employee of the agency to serve as the agency's grievance coordinator, who shall be responsible for receiving grievances, determining applicability under the grievance system, forwarding the grievance to the appropriate individual within the agency for review or investigation, and tracking the processing of grievances.

B. Non-applicable matters. The adopted grievance procedure shall not apply to any matter for which another method of review is provided, including but not limited to:

1. Retirement, Life Insurance, or Health Insurance;

2. Any classification action;

3. Any recruitment, selection, or appointment;

4. Any compensation action;

5. A disciplinary action that is either:

a. A suspension of:

i. More than 40 working hours if the employee is a full authority peace officer, or

ii. More than 80 working hours if the employee is a covered employee in any other capacity,

b. A demotion, or

c. A dismissal.

6. A complaint alleging discrimination or harassment; or

7. Any reduction in force action.

C. Restrictions. An employee may not submit a grievance challenging the following management rights:

1. An agency head's right to direct agency employees.

2. An agency head's right to hire, promote, transfer, assign, and retain employees.

3. An agency head's right to maintain efficiency of government operations and to determine the methods, means, and personnel by which these operations are to be conducted.

D. Preparation. A grievant shall not be allowed the use of state time or state property to prepare a grievance, prepare for a meeting with agency management or to meet with a representative. Subject to supervisory approval, a grievant may request available compensatory or annual leave for this purpose.

E. Steps. An agency's grievance procedure shall have two steps for review.

1. As determined by the agency head, the first step in the grievance procedure shall be:

a. The employee's second line supervisor,

b. The assistant director or equivalent, or

c. Any level of management between (a) and (b).

2. The final step in the grievance procedure shall be the agency head, or designee.

3. An agency head may choose to incorporate an additional step in the agency grievance procedure after the first step review.

F. Amendments. Once a grievance is submitted to the first step, it may not be amended. If additional documentation is submitted by the grievant after the initiation of the grievance, the reviewing official may remand the grievance to the appropriate previous level for reconsideration.

G. Approval. Each agency head will submit the agency's proposed grievance procedure and any subsequent changes to the Director for approval.

Ariz. Admin. Code § R2-5B-402

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).