ARTICLE 1.
GENERAL
EFFECTIVE DATE: 05/04/98
RULE 101.
DEFINITIONS
REVISED DATE: 06/05/03
The following words and terms as used in these Rules
shall have the meaning indicated unless the context
clearly indicates otherwise:
1.
Abandonment of Job: The
separation from Judicial service of an employee who has been absent
from his/her
position for three (3) or more consecutive days without authorized leave.
2.
Access: To have permission or ability to examine, obtain
information from or add to personnel records.
3.
Accrued Holiday Leave: Holiday
leave accrued and added to the PTO balance of an eligible
non-exempt
status employee who is approved to work on a holiday observed by the Court.
4.
Actively at Work: An
employee who is working their regularly scheduled work hours and days
and paid regular
earnings.
5.
Administrative Suspension:
An involuntary leave with or without pay in the best interest of the
Court imposed
upon an employee who is under investigatory or judicial proceedings or for
other
good reason
as determined by the Division Head and upon approval of the Presiding Judge.
6.
Allocation: The
assignment of a position to a classification on the basis of the duties and
responsibilities
assigned to the position.
7.
Appeal: A request
of the Hearing Officer to investigate a complaint alleging improper
administrative
suspension without pay, disciplinary suspension, demotion, or dismissal or
alleged
illegal
discrimination.
8.
Appellant: An
employee whose appeal is pending through the Appeal Process.
9.
Applicant: A person
seeking Judicial employment in a position covered by these Rules or an
employee seeking
a transfer, reappointment, reinstatement, detail, promotion or demotion who
has
completed
and returned, on a timely basis, an official Mohave County Court application
form according
to
instructions.
10.
Appointing Authority: Appointed
or elected official serving in the capacity of Division Head or designee.
11.
Appointment: The
official offer of employment and acceptance by an eligible in accordance with
these Rules.
12.
Armed Forces: The
United States Air Force, Army, Navy, Marine Corps, Coast Guard or Arizona
National Guard.
13.
ARS: Arizona
Revised Statues.
14.
Assignment: A
position (duty assignment and work location assignment) to which an individual
is
appointed.
15.
At Will Employee: An
employee who is appointed by and reports to an elected official and/or who
is otherwise so
designated, and whose employment may be terminated at any time, with or
without cause.
16.
Board of Supervisors (also "Board"): The Mohave County Board of Supervisors.
17.
Candidate: An
applicant approved for participation in an examination process.
18.
Certificate of Eligibles: An
official list of eligibles placed in order of suitability for a particular
position
which is
submitted to the hiring division for selection.
19.
Child: An
individual who has not yet attained their eighteenth (18th) birthday.
20.
Civic Duty Leave: Approved
periods of absence with pay and related benefits from regularly scheduled
work approved in
advance while: serving as a juror; responding to a subpoena to appear as a
witness;
serving as
a member of a public service board, commission or similarly constituted body;
serving in the
Arizona
National Guard or Military Reserve; for voting, or for participating as a
volunteer in humanitarian/
emergency
relief activities.
21.
Classification: A
title assigned to a position or group of positions with similar duties and
responsibilities
which
require similar training, experience, knowledge, and skills.
22.
Classification Plan: The
orderly arrangement of positions under separate and distinct
classifications on
the basis of
current duties and responsibilities.
23.
Classification Series: Jobs
involving work of the same nature, but requiring different skill and
responsibility
levels. For example, Probation
Officer is a classification series; Probation Officer I is a
classification
(skill/responsibility level) within that series.
24.
Classification Specification:
The official description of positions assigned to a
the type
and level of duties and responsibilities and the acceptable
performance.
25.
Classified Employee: An
employee who is appointed to a position which is covered under the provisions
of these Rules.
26.
Commission: The
Judicial Employee Merit System Commission of the Superior Court in Mohave
County.
27.
Compensation: The
salary, wage, allowances, and all other forms of valuable consideration earned
by
or paid to an
employee except reimbursement for necessary expenses which have been
authorized and incurred.
28.
Compensatory Time: Earned
time recorded on an employee's pay record in lieu of overtime pay which
must be taken in
the same pay period as worked.
29.
Consecutive Calendar Years:
A twenty-four (24) month consecutive period of time including the
current
and previous
calendar years.
30.
County: Mohave
County Government.
31.
Court: The Superior
Court in Mohave County and all Divisions thereof, individually and
collectively, which
are covered by
these Rules.
32.
Demotion: A change
in the assignment of a regular employee from a position in one classification
to a position
of another
classification having a lower salary range.
33.
Detail: The
assignment of an employee to temporary duty which exceeds thirty (30) working
days to a
position other
than the position to which regularly assigned.
34.
Disability: A
physical, mental, emotional or psychological illness or injury which
temporarily or permanently
renders an
employee or applicant unable to perform the essential functions of their
position, with or
without
reasonable
accommodation.
35.
Dismissal: The
involuntary termination of a person from Judicial employment for disciplinary
reasons.
36.
Disposable Earnings: The
compensation paid or payable for personal services, less any amount required
to be
withheld by law.
37.
Division: A unit of
the Superior Court which falls under the purview of these Rules and is under
the control of a
Division Head.
38.
Division Head: An
elected or appointed official responsible for directing and coordinating the
functions of a
Division
including supervising assigned personnel.
39.
Eligible: An
applicant who has been determined to meet the acceptable qualifications for a
specific classification.
40.
Employee: A person
who has been appointed to and is currently filling a budgeted position
falling under the
purview of these
Rules. Temporary and contractual hires are excluded from this
definition unless the terms of a
contract permits
inclusion under the Judicial Merit Rules.
41.
Exempt Status Employee: Executive,
administrative and professional employees who are considered exempt
from the
overtime and reporting provisions of the Fair Labor Standards Act (FLSA)
and/or applicable provisions
of the
A.R.S.
42.
Fair Labor Standards Act (FLSA):
The Fair Labor Standards Act of 1938 as amended.
43.
Full-time Employee: An
employee assigned to work a minimum of thirty two (32) hours per week in a
budgeted,
benefits eligible position.
44.
Garnishment: Retention
of wages or property pursuant to legal process by an employer or other person
to
satisfy a debt
owned to a creditor.
45.
Grievance: A
complaint (excluding alleged improper suspension, demotion, dismissal or
illegal discrimination)
alleging
misinterpretation, misapplication or unequal enforcement of
Judicial Merit System Rules, Personnel
Policies or
Administrative Procedures.
46.
Grievant: An
employee who has filed a grievance through the general grievance process
included in these Rules.
47.
Hearing Officer: An
individual retained by the Court to hear and make written findings of fact,
applicable law,
policy and/or
procedure; and recommendations on disposition of appeals filed under the
provisions of these
Rules.
48.
Holiday Benefit: The
compensation paid to eligible employees for each of the recognized/observed
holidays.
Holiday time for
full-time eligible employees is defined as eight (8) hours in duration for
each court
recognized/observed holiday. Holiday
time for part-time eligible employees is defined as four (4) hours in
duration for
each court recognized/observed holiday.
49.
Illegal Discrimination: Discrimination,
including harassment, based on race, religion, color, gender, age,
disability,
national origin or veteran's status.
50.
Immediate Family Member (or Relative):
Spouse, parent (whether biological or step), child, stepchild,
siblings,
father-in-law, mother-in-law, grandparents of an employee or grandparents of
an employee's spouse,
grandchildren of an employee or employee's spouse.
Employees living together and who consider themselves life
partners but who
are not legally married are considered within this definition.
51.
Intermittent Employee: An
eligible who has been hired for seasonal, on-call as-needed employment.
52.
Internal Register: The
official file containing applications of eligibles, for a specific
classification, who are
current
employees.
53.
Intradivision Announcement:
The official notice to employees of a specific division of employment
opportunity
in that
division.
54.
Judicial Service: The
Superior Court and all divisions thereof falling under the purview of these
Rules.
55.
Layoff: The
conditional separation of an employee due to lack of funds, lack of work,
reorganization (causing
cutbacks and
reductions), abolition of position or other reasons specified in these Rules.
56.
Maintain: Includes
collect, file, update, use or disseminate.
57.
Management Leave: Time
off with pay during an exempt employee's normal working hours to offset
unaccruable
extraordinary hours worked in unusual circumstances as determined by the
Division Head.
58.
Manifest Error: An
act or failure to act which is, or clearly has caused, a mistake of commission
or omission to
occur.
59.
May: Used to
express customary action.
60.
Merit System: The
uniform and equitable system of personnel administration under the
rules.
61.
Moral Turpitude: Act
or behavior that gravely violates moral sentiment or accepted moral standards
of the
community.
62.
Non-Active Work Status: An
employee who has been and continues to be absent from their job beyond the
lesser of ten
(10) consecutive work days or two (2) consecutive pay periods.
63.
Non-Exempt Status Employee: Employees
covered by the overtime and reporting provisions of the Fair
Labor Standards
Act and/or applicable provisions of the A.R.S.
Non-exempt employees are compensated in
pay or
compensatory time at the discretion of the
Division Head and consistent with the provisions of the Fair
Labor Standards
Act, applicable provisions of the A.R.S., and these Rules.
64.
Official Position Review: The
examination of the required duties and responsibilities of a budgeted position
in
order to
determine proper allocation.
65.
Overtime: Time
worked by non-exempt employees in excess of forty (40) hours in any work week
unless a
different
definition is allowed by law and established by the Court.
66.
Part-time Employee: An
employee assigned to work a minimum of twenty (20) hours per week but less
than
thirty-two (32)
hours per week in a budgeted, benefits eligible position.
67.
Pay Period: A two
consecutive calendar week period of time commencing at 12:01 a.m. on
Saturday and
ending at 12:00
midnight the second Friday thereafter, during which hours worked, paid and
unpaid leave are
recorded
for purposes of calculating payrolls. There
are twenty-six (26) pay periods in each calendar year.
68.
Personnel Department: The
Mohave County Department known as the Personnel and Risk Management
Department or
such other Mohave County or Superior Court Department or Division so
designated by the
Presiding
Judge.
69.
Personnel Record: Any
personnel information maintained in the official employee record or file.
70.
Position: A group
of duties and responsibilities normally performed by one employee in order to
provide
necessary
service as identified by a Division Head and authorized by an approved budget.
71.
Premium Pay: Compensation
in addition to an employee's normal pay including overtime pay, compensatory
time,
call-back pay, and on-call pay, and premium holiday wages.
72.
Presiding Judge: The
person appointed by the Arizona Supreme Court who is responsible for the
overall
supervision of
the Superior Court including personnel of Judicial Divisions, Court
Administrator's Office,
Conciliation Court, and Adult and Juvenile Probation Departments.
73.
Probationary Employee: An
employee serving either an original, promotion, reappointment, transfer,
demotion
or certain types
of reinstatement, probationary period immediately following employment.
An employee who fails
any type of
probationary period has no right of appeal, except in instances of alleged
illegal discrimination as
provided in
these Rules. Original probationary employees do not have grievance, appeal
or hearing rights, except
as otherwise
provided in these Rules.
74.
Probationary Period: A
qualifying timeframe following initial appointment, reinstatement,
reappointment,
transfer,
promotion or demotion, which is the final step in the examination process
during which an employee's
work
performance is evaluated.
75.
Promotion: A change
in the assignment of an employee from a position in one classification to a
position in
another
classification having a higher salary range.
76.
Public Announcement: The
official notice to the public of an employment opportunity in a Division
falling under
the purview of
these Rules.
77.
Public Register: The
official file containing applications of eligibles for a specific
classification.
78.
Reallocation: A
change in the classification of an existing position.
79.
Reasonable Suspicion: A
belief based on objective and articulated facts sufficient to lead a person to
suspect
that an employee
is under the influence of drugs or alcohol or has committed a criminal act.
80.
Reassignment: A
noncompetitive change in the assignment of an employee from one position to
another of the
same
classification and salary range within the employee's division.
81.
Reclassification: A
change in the classification of an incumbent employee when his or her
reallocated.
82.
Record: Any
information maintained about an individual containing a name or other
identification.
83.
Register: An
official list of eligibles for a particular classification or group of
classifications.
84.
Regular Employee: An
employee who, through a selection process, has been chosen to fill a position
in the
classification
system and has completed the original probationary period for the position.
Appointed, contractual,
temporary,
and original probationary employees are excluded from definition.
85.
Reinstatement: The
appointment of a laid-off employee to a position of the same or lower
classification from
which laid-off,
or the return of an employee as ordered by the Presiding Judge.
86.
Reinstatement Register: The
official file containing applications of employees who have been laid-off from
a
specific
division and specific classification.
87.
Relative: Any
person related by affinity or consanguinity within the third degree as defined
by A.R.S. '
38-481.
88.
Respondent: The Division Head or the other individual named by
the Appellant whose interests are adverse to
those of the
Appellant who will be directly affected by an appeal decision.
89.
Separation: Separation
of an employee from a position falling under the purview of these Rules.
90.
Shall: Used to
express what is mandatory; must; will.
91.
Should: Used to
express future expectations; future tense of shall.
92.
Statutory Payroll Deduction:
Those deductions which are mandated by or under color of applicable
state
and/or federal
law or regulation and include, but are not limited to, social security and
state retirement employee
contributions, garnishments, court-ordered deductions, state and federal
taxes, and similar items.
93.
Superior Court: The
Superior Court in Mohave County and all Divisions falling under the purview of
these
Rules.
94. Suspension: An involuntarily imposed leave with or without pay of a regular status employee.
95.
Temporary Employee: An
employee who has been appointed on a full-time, part-time or variable-time
basis for a
time-limited period not to exceed
twenty-four (24) months unless extended an additional twelve
(12) month period.
96.
Transfer: The
noncompetitive change in the assignment of an employee to another classification
in the
same pay range or
to a position of the same classification in another division.
97.
Unclassified Position: A
position which is exempt from the provisions of these Rules.
98.
Under the Influence of Alcohol:
Anything greater than .00 percent of alcohol as measured by blood,
breath or urine
tests while the employee is on duty or subject to be called back to duty in a
paid standby
status.
99.
Under the Influence of Drugs: Any
measurable amount of drugs which is unlawful to possess under
Arizona law
(unless the same is being taken by the employee pursuant to instructions of a
licensed medical
doctor) as
measured by blood or urine tests while the employee is on duty or subject to be
called back to
duty in a
paid standby status.
100.
Vacant Position: A
position currently under recruitment or not filled by an employee.
101.
Voluntary Payroll Deduction:
Dollars which are voluntarily authorized by an eligible
employee and are
deducted from
their paycheck.
102.
Wage Assignment: The
transfer of property (wages) to be held in trust or to be used for the benefit
of
creditors.
103.
Work Period: A work
period is any established and regularly recurring period of work which cannot be
less than seven
(7) consecutive days nor more than twenty-eight (28) consecutive days.
104.
Work Week: All time
within a seven (7) day period which an employee is required to be on the
employer's
premises
for the performance of prescribed duties, at a prescribed work place on duty and
begins at 12:01
a.m.
Saturday and ends at 12:00 midnight the following Friday.