4. "Personnel Review Panel" means a panel of five members of the State Bar of Arizona appointed by the Attorney General not later than the 15th of January of each year from which the Personnel Review Committee is selected.
A. This Article shall apply to all Assistant Attorneys General hired or transferred into any vacant position by the Department of Law Attorney General on or after July 27, 1983, and to all Assistant Attorneys General employed before July 27, 1983, who have waived their rights under the State Merit System, but before October 1, 1984, and shall not apply to any Assistant Attorney General so hired or transferred after October 1, 1984.
B. The Attorney General may, in his discretion, extend the application of this Article to any Assistant Attorney General hired or transferred into any vacant position on or after October 1, 1984, and who either has been employed by the Attorney General for more than five years or whose responsibilities, experience, and performance, in the opinion of the Attorney General, justify its application.
All Assistant Attorneys General shall serve a probationary period of two years. An Assistant Attorney General may be dismissed by the Attorney General without cause and without the right to a hearing at any time during his or her two-year probationary period.
5. Insubordination -- meaning disrespectful or contumacious conduct toward a supervisor; or a knowing disregard of express or implied directions; or a refusal to obey a lawful and ethical order issued by a person authorized to issue such order.
9. Conviction of a felony, or conviction of a misdemeanor an element of which is intentional, knowing or reckless conduct. A plea or verdict of guilty to a charge of a felony, or any misdemeanor an element of which is intentional, knowing or reckless conduct is deemed to be a conviction for purposes of this Section.
1. On or before the effective date of any dismissal of an Assistant Attorney General, the attorney to be dismissed shall be provided with a written statement setting forth the basis for the dismissal in sufficient detail so as to inform him or her of the specific reason or reasons for such action.
2. In the event of an appeal by any Assistant Attorney General of a dismissal, the Attorney General shall provide a copy of the statement setting forth the basis for such dismissal and a copy of the written appeal by the Appellant to the Personnel Review Committee appointed to review such dismissal.
A. An Assistant Attorney General dismissed pursuant to this Article may appeal such dismissal by filing a written appeal with the Attorney General no later than ten days after his or her notice of dismissal. The appeal shall state, in sufficient detail, specific responses to the cause or causes upon which the dismissal was based.
C. Not later than the 15th of January of each year, the Attorney General shall appoint a Personnel Review Panel consisting of five lawyers who are members of the State Bar of Arizona. At least two members of the Panel shall have public law experience and at least one member shall have judicial experience. In the event of an appeal by an Assistant Attorney General of his or her dismissal, the Attorney General and the Appellant shall each be entitled to strike one member of the Personnel Review Panel. The three remaining members of the panel not stricken by either the Attorney General or the Appellant shall serve as the Personnel Review Committee for such appeal and shall render a decision as provided in this rule.
D. The Personnel Review Committee shall conduct a hearing on the appeal within 30 days after the appeal is filed unless the time is extended by mutual consent of the Appellant and the Attorney General. The hearing shall be informally conducted with technical rules of evidence not applying to the proceeding. Both parties may present witnesses and may cross-examine any witnesses called by the other party. The Committee, in its discretion, may call additional witnesses. Both parties shall be given ten days advance notice of the hearing. Not less than five days prior to the hearing each party shall provide the Committee and the opposing party with a list of all witnesses to be presented. All testimony given before the Committee shall be recorded and transcribed by a court reporter and entered as a part of the official record.
E. Either the Appellant or the Attorney General at his own expense may take the deposition of any witness who does not reside within the county or within 100 miles of the place where the hearing is to be held, is out of the state, or is too infirm to attend the hearing.
F. The Personnel Review Committee shall render its decision within 20 days after the conclusion of the hearing and shall at the same time send a copy of its decision to the Attorney General and the Appellant. The Committee shall prepare an official record of the hearing, including all testimony, all exhibits, and all other relevant documents.
A. Either party to an appeal by an Assistant Attorney General from his or her dismissal who is aggrieved by a decision rendered in such appeal may file with the Personnel Review Committee, not later than ten days after service of the decision, a written motion for rehearing or review of the decision specifying the particular grounds therefor.
B. A motion for rehearing under this rule may be amended at any time before it is ruled upon by the Personnel Review Committee. A response may be filed within ten days after service of such motion or amended motion by any other party. The Personnel Review Committee may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.
D. The Personnel Review Committee may affirm or modify the decision or grant a rehearing as to all or part of the issues for any of the reasons set forth in subsection (C). An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.
E. The Personnel Review Committee, within the time for filing a motion for rehearing under this rule, may on its own initiative order a rehearing or review of its decision for any reason for which it might have granted a rehearing on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the Personnel Review Committee may grant a motion for rehearing, timely served, for a reason not stated in the motion. In either case, the order granting such a rehearing shall specify the ground therefor.
A.A.C. Table of Contents
Arizona Administrative Code