As an at-will uncovered employee you serve at the pleasure of the agency director and/or assistant director and can be dismissed at any time without cause or right of appeal. The State Personnel Rules provide a guideline for all uncovered employees. Also, as an at-will uncovered employee, the following conditions of employment apply to you:
1. Standards of Conduct
A state employee shall at all times:
- Comply with federal and state laws and rules, and agency policies and directives.
- Maintain high standards of honesty, integrity, and impartiality, free from personal considerations, or favoritism.
- Be courteous, considerate, and prompt in interactions with and serving the public and other employees.
- Conduct himself or herself in a manner that will not bring discredit or embarrassment to the state.
A state employee shall not:
- Use his or her official position for personal gain, or attempt to use, or use, confidential information for personal advantage.
- Permit himself or herself to be placed under any kind of personal obligation that could lead a person to expect official favors.
- Perform an act in a private capacity that may be construed to be an official act.
- Accept or solicit, directly or indirectly, anything of economic value as a gift, gratuity, favor, entertainment, or loan that is, or may appear to be, designed to influence the employee's official conduct. This provision shall not prohibit acceptance by an employee of food, refreshments, or unsolicited advertising or promotional material of nominal value.
- Directly or indirectly use or allow the use of state equipment or property of any kind, including equipment and property leased to the state, for other than official activities unless authorized by written agency policy or as otherwise allowed by these rules.
- Inhibit a state employee from joining or refraining from joining an employee organization.
- Take disciplinary or punitive action against another employee that impedes or interferes with that employee's exercise of any right granted under the law or these rules.
2. Hours of Work: The agency shall determine the hours of employment for each employee. An employee may be required to work overtime to accomplish the work of the Office of the Attorney General. If you are required to work more than 40 hours in a week, and are non-exempt from the provisions of the Fair Labor Standards Act (FLSA), you will receive, for each hour over 40 worked, either 1.5 times your regular rate of pay in cash, or 1.5 hours of compensatory leave. Human Resources will let you know if you fall within this category.
3. Outside Employment: A state employee may seek employment and engage in a variety of activities outside of the employee's work for the state. However, the employee shall not engage in other employment or other activity that is not compatible with the full and proper discharge of the duties and responsibilities of state employment, or that tends to impair the employee's capacity to perform the employee's duties and responsibilities in an acceptable manner. An employee who desires to engage in other employment or currently is engaged in outside employment will notify the employee's supervisor and complete the appropriate notification forms found at https://sharepoint.azag.gov. The agency will review outside employment notifications for approval.
4. Disclosure of Conflicts of Interests: Employees shall disclose actual or potential conflicts of interest related to outside employment activities or any other reason as soon as the employee becomes aware of the conflict by completing the Conflict of Interest Disclosure form found at https://sharepoint.azag.gov. The agency will determine if a conflict or potential conflict exists.
5. Political Activities: State law restricts political activities for uncovered employees.
6. Alcohol and Drug Free Workplace: State agencies shall prohibit the manufacture, distribution, dispensation, Possession or use of alcohol, illegal drugs, unauthorized drugs, inhalants, or other unauthorized controlled substances during an employee's working hours or while on state premises or worksites, including state vehicles and property leased to the state. A state employee shall not be impaired by alcohol or drugs while on duty.
7. Retirement: Employees must participate in the Arizona State Retirement System (ASRS) or Public Safety Retirement System (PSPRS), dependent upon the classification of the employee's position. Retirement deductions may vary from year to year and there is an initial 27 week waiting period for ASRS (with the exception of current ASRS members). A.R.S. 38-711(23)(b) defines a member of Arizona State Retirement System (ASRS) as a.) someone who is engaged to work at least twenty weeks in each fiscal year and at least twenty hours each week (referred to as the 20/20), b.) Have been hired with the intention to work in a capacity that meets 20/20. For new employees that meet this definition, ASRS membership and contribution is required. Contact Human Resources if you have any questions regarding this information. Special Agents make application to participate in PSPRS unless the employee has retired form PSPRS. There is no waiting period for PSPRS. If an employee in a Special Agent position has retired from PSPRS, the employee will be required to participate in ASRS per A.R.S. 38-727(2).
Uncovered employees who work 20 hours or more per week are eligible to participate in the State’s health, dental, life and disability income insurance programs. There is no waiting period to receive ADOA administered benefits. New employees have 31 days from their date of hire to elect benefits. Benefits become effective the first of the pay period following receipt of a completed benefit enrollment form. For employees who are state agency transfers (that do not hav ea break in service) and are already participating in the State's health, dental, life and disability income insurance programs, your current elections and ppremium deductions will continue without interruption.
Provisions for leave time are outlined in the State Personnel Rules, Article 6. Uncovered employees are eligiblie to accrue and carry over annual and sick leave as follows:
1. Annual Leave
|Credited State Service||Hours Per Month||Hours Per Pay Period|
|Fewer than 3 years||~8.5||4.00|
|3 years but fewer than 9 years||~12||5.54|
|9 years or more||~14||6.47|
*Annual Leave is pro-rated for less than full time employees
Annual leave accumulated in excess of 320 hours as of the end of each calendar year shall be forfeited, unless an exception is authorized by the Director of the Arizona Department of Administration.
2. Sick Leave: Sick leave for uncovered employees shall be earned at the rate of 3.7 hours per period, and the amount of leave carried over from year to year shall be unlimited. Sick leave is pro-rated for less than full time employees.
APPEAL OF ADVERSE ACTIONS TO STATE PERSONNEL BOARD
Uncovered employees do not have the right of appeal if dismissed or suspended.