The Arizona State Personnel Board hears and reviews appeals via an administrative hearing process for covered status and probationary employees in public service. Appealable disciplinary actions to the Board are: dismissals, involuntary demotions, and suspensions. To file an appeal, it must be done so within ten (10) business days from the date of the action, “Appeal Form”.
What is an appeal?
Public service employees who are in covered status and/or served a probationary period have the right to appeal disciplinary actions such as; dismissals, involuntary demotions, and suspensions. Upon filing an appeal, employees are able to exhaust an administrative hearing process that grants the employee a due process proceeding presided over by an appointed Hearing Officer. Hearings are informal with regard to the rules of evidence, but are otherwise procedurally similar to proceedings in “court”. After the hearing, the hearing officer shall provide a written recommendation to the Arizona State Personnel Board resulting from the hearing. The Board members consider the matter(s) at a Public Board Meeting, at which time, an order is entered on the matter that will either uphold, reject, or modify the public employer’s disciplinary action against the public service employee.
Who Can File an Appeal?
Public service employees who are in a covered status and/or served a probationary period have the right to file an appeal before the Arizona State Personnel Board stemming from one of the following disciplinary actions: dismissals, involuntary demotions, and suspensions. If you’re a non-state of Arizona employee in a covered status and/or served a probation period and your employer does not have a Personnel Board, you may file an appeal with the Arizona State Personnel Board. In the event an appeal is filed with the Arizona State Personnel Board that should have been filed with another Board, we will endeavor to forward the appeal to the correct Board. Note, however, that is the responsibility of the employee to ensure that the appeal is filed with the correct Board within the prescribed time period.
How do I know if I am in a covered status and/or a probationary employee?
In 2012, the State of Arizona underwent a Personnel Reform, in which two things occurred. First, many State of Arizona employees voluntarily entered into an uncovered status, meaning they no longer were entitled to certain employee rights such as appeals. The State of Arizona also uncovered most positions so future employees entered into an uncovered status. Second, At-Will employment was introduced making Arizona is a right-to-work state. In other words, you enter into employment where you or the employer can end the relationship for any reason or no reason (but not the wrong reason) and are not entitled to certain employment rights/protections beyond those in standard practice.
Here are a few ways to determine if you’re a covered and/or probationary status employee.
- Did you serve and complete a probationary period?
- Were you made aware at the beginning of your employment of a covered status?
- Were you made aware at the time of the disciplinary action that you’re a covered status employee?
- Check your employee portal. This may help with indicating your type of employment status.
How to File an Appeal before the Arizona State Personnel Board?
To file an appeal before the Arizona State Personnel Board, please fill out our online “Appeals and Complaint Form”. Your appeal must be filed within ten (10) business days from the date of the disciplinary action. Once you’ve completed the online form, you will receive a confirmation email, followed by a staff member reaching out in a timely manner by phone or email to continue the intake process.
What to Expect from my Appeal
- You can expect a speedy process. We understand this is affecting your employment, and we will work to come to a resolution as quickly as possible so all parties can move forward. On average, appeals take 90 days from the date of receipt until the matter is closed. *Appeal timeframes may vary on a case-by-case basis*
- You can expect seamless customer service and procedural assistance. We understand you’re not an attorney and you may not be able to obtain one. Don’t worry you’re not alone. Our professional and experienced staff is here to assist you through the process and answer any procedural questions. *The Arizona State Personnel Board CANNOT provide you with legal advice on your matter*
- You can expect a fair and impartial hearing. We pride ourselves on the integrity of our proceedings and carrying out the responsibility and duty by providing due process at an exceptional level. In doing so, you’ll proceed through a hearing process that allows you to present your case and know a hearing officer will fairly and impartially render a carefully-considered decision on the matter.
- You can expect a fair and impartial hearing officer. The Arizona State Personnel Board utilizes outside hearing officers who are NOT employees of the State of Arizona. This ensures there is no conflict of interest or bias involved.
- You can expect a Professional Board. It is mandated by statue that each member of the Arizona State Personnel Board be a professional from: Administrators, Directors, Business Professionals, etc. The Board is comprised of members who are knowledgeable, experienced, and have applied practice in personnel matters having conducted personnel matters on their own accord. This establishes a Board that will thoroughly consider the matter and enter an order that carefully considers the evidence and correctly applies the law. You can expect the resulting order to be clear, concise, and objective.
“Appeals and Complaint Timeline Form”