ARTICLE 1.
GENERAL
EFFECTIVE DATE: 05/04/98
RULE 102. GENERAL
PROVISIONS
REVISED DATE:
A.
ESTABLISHMENT OF RULES: These Rules shall be titled "The Judicial Employee
Merit
System Rules of the Superior Court in Mohave County" and shall include under the
scope of
their coverage employees of the Superior Court Judicial Divisions, Court
Administrator's Office,
Clerk of Superior Court, Conciliation Court, Adult and Juvenile
Probation
Departments, and Juvenile
Detention to the extent specified herein.
B. OBJECTIVE: The Judicial Employee Merit Rules are established to provide a system of
personnel
administration that is based on merit principles and designed to promote the
following:
1. Competitive recruiting and selection with appointment based on job-related ability
and
qualifications;
2. Providing equitable and adequate compensation as determined by the Presiding Judge
or
designee;
3. Training and/or retraining employees, as needed, to assure high-quality performance;
4. Retaining employees on the basis of the adequacy of their performance; the correction of 5. Assuring fair treatment of applicants and employees in all aspects of personnel
administration
without regard to political affiliation, race, color, national origin,
gender, religious creed, age or
disability with reasonable accommodation and with
proper regard for their privacy and
constitutional rights as Citizens; and
6. Assuring that employees are protected against coercion for partisan political purposes
and
prohibited from using their official authority to interfere with or affect the result
of an election or a
nomination for office.
C. STATEMENT OF MERIT RULES, LEAVES OR BENEFITS: None of the statements
herein
are intended by reason of their publication to confer any rights or privileges or entitle
employees to
remain employed by any division falling under the purview of these Rules.
D. REPLACEMENT OF PRIOR RULES: These Rules supersede all previous rules, and
policies
which applied to employees of any division falling under their purview as defined
in Rule 103 of
this Article. All rules, policies, and procedures adopted by divisions covered
under the purview of these
Rules will remain in full force and effect, except to the extent that
the same are in conflict with these
Rules. To the extent that any division's rules or policies
conflict with these Rules, these Rules shall
prevail.
E. SEVERABILITY: If any provision of these Rules or their application to any persons or
circumstances
is held invalid, the remainder of the Rules or the application of such
provisions to other persons or
circumstances shall not be affected.
F. SPECIALLY FUNDED EMPLOYEES: The administration and compensation of persons
employed
by a program financed in whole or in part by contract with Mohave County, the
State of Arizona, the
Arizona Supreme Court or another entity shall be pursuant to terms of
hire or applicable law if there is a
conflict with the Judicial Employee Merit System.
G. REPRISALS: A division shall take no disciplinary or punitive action against an employee,
nor impede
or interfere with the exercising by any employee of rights under these Rules.
H. CONFLICT WITH FEDERAL AND STATE REQUIREMENTS: Any provision of
these Rules
which conflicts or is inconsistent with the Arizona Revised Statutes, Federal
Law, regulations or
standards governing the grant of federal funds or state assistance to a
division shall not be applicable
to such divisions.
I. AUTHORITY FOR AND ADMINISTRATION OF THE MERIT SYSTEM RULES:
The
Presiding Judge is the Chief Executive Officer of the Superior Court and administers the
Judicial
Employee Merit System and any related policies and procedures through the Court
Administrator's
Office.
J. DELEGATION OF AUTHORITY: Unless otherwise stated in these Rules, a Division
Head may
delegate any authority granted in these Rules to a designee of their choice.
K. AVAILABILITY OF FUNDS: The granting of any compensation, benefits and/or leaves
in these
Rules is contingent upon the availability of funds, as determined by the Presiding
Judge in consultation
with the Board of Supervisors.
L. EMPLOYEE HANDBOOK: Upon approval of the Presiding Judge, the Court
Administrator may
publish an employee handbook outlining pertinent Rules and make such
handbook available to all
employees.
M. JUDICIAL DIVISION OPERATING POLICIES AND PROCEDURES: These Rules
do not
preclude Division Heads from implementing policies and procedures pertaining to the
operation of
their respective divisions, provided that no such policy or procedure may
conflict with these Rules.
Where any conflict exists between these Rules and the policies or
procedures of any division covered
by these Rules, the Judicial Employee Merit System
Rules shall be followed.
N. CORRECTION OF ERRORS: The Presiding Judge or designee may correct a manifest
error or
clear an inequity affecting an employee or an applicant for employment.
O. SPECIAL PROGRAMS: Where the Court Administrator or Division Head has been
granted
authority from the Presiding Judge to develop and implement special programs as
pilot projects to
improve personnel management in the Judicial service, modifications to the
Merit System Rules may
occur. Special programs will be designed to include a rationale
and/or justification of the need for the
program, a statement of the fiscal impact, compliance
with State and Federal Statutes, an
implementation plan, and if appropriate, a proposed trial
period not to exceed three (3) years during
which a program evaluation will be conducted to
determine the feasibility of continuing the program.
P. DEVIATION FROM AND REVISION TO RULES: These Rules are established as
general
guidelines pertaining to judicial employment. No such rules can anticipate every
circumstance, situation,
or set of facts which may arise. For this reason, the Presiding Judge
may authorize deviation from
these Rules, as deemed necessary to maintain the effective and
efficient operation of the justice system.
No such deviation shall be interpreted or relied
upon as requiring a repeated deviation in the future for
the same or different persons. These
Rules may only be revised upon written order of the Presiding
Judge.