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HB2681 - 572R - H Ver
House Engrossed
employee merit
system; dismissal; appeal
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2681
AN
ACT
amending section 11-356, arizona revised
statutes; relating to the county employee merit system.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 11-356, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-356.
Dismissal, suspension or reduction in rank of employees; appeals;
hearings; applicability
A. Any officer or employee in the classified civil
service may be dismissed, suspended or reduced in rank or compensation by the
appointing authority after appointment or promotion is complete only by written
order, stating specifically the reasons for the action. The order shall
be filed in the officer's or employee's official county personnel record and a
copy shall be furnished to the person to be dismissed, suspended or reduced.
B. Within ten
calendar
business
days after the order is presented to the officer or
employee, the officer or employee may appeal the order through the clerk of the
commission.� On the filing of the appeal, the clerk of the commission shall
immediately transmit the order and appeal to the commission for a hearing.
C. Within twenty calendar days after receiving the
order and appeal, the commission shall set a date for a hearing of the appeal.�
The appellant may appear personally, produce evidence and have counsel.
D. The commission may appoint a hearing officer to
conduct the hearing and take evidence on behalf of the commission.� If a
hearing officer is appointed to conduct the hearing, on conclusion of the
hearing the hearing officer shall submit proposed findings of fact, conclusions
of law and a recommendation to the commission.
E. Any appeal of a dismissal, suspension or
reduction in rank in which a single hearing officer has been appointed by the
commission to conduct the appeal hearing shall be open to the public unless the
hearing officer determines that good cause exists to close the hearing.
F. In any appeal of a dismissal, suspension or
reduction in rank in which a single hearing officer has been appointed to
conduct the appeal hearing, the officer or employee or the employer may request
a change of hearing officer.� On the first request of a party, the commission
shall grant the request.� The commission may grant all other requests only on a
showing that a fair and impartial hearing cannot be obtained due to the
prejudice of the assigned hearing officer.� The chairperson of the commission
shall decide whether a sufficient showing of prejudice has been made.
G. Following the hearing, or if a hearing officer
has been appointed, following receipt of the hearing officer's proposed
findings of fact, conclusions of law and recommendation, the commission shall
either affirm, modify or revoke the order.
H. The findings and decision of the commission shall
be final and shall be subject to administrative review as provided in title 12,
chapter 7, article 6.
I. This section does not apply to furloughs of
classified employees if the furloughs are undertaken to address budget
shortfalls or structural imbalance.
END_STATUTE