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[ ] Yes [ ]No

Ars†38-0509 filing of disclosures

Does the school district maintain for public inspection in a special file all documents necessary to memorialize all dis­clo­sures of substantial interest made known pursuant to this article?

[ ] Yes [ ]No

Ars†38-532 prohibited personnel practice; violation; reinstatement; exceptions; civil penalty

Is the district aware that it is a prohibited personnel practice to take reprisal against an employee for disclosure of information of a matter of public concern by the employee to a public body which the employee reasonably believes evidences a violation of any law, mismanagement, a gross waste of monies or an abuse of authority?

Is the district aware that an employee who knowingly commits a prohibited personnel practice shall be ordered by the school district governing board or other appropriate independent personnel board established or authorized pursuant to ARS 38-534 to pay a civil penalty of up to five thousand dollars to the school district maintenance and operation fund and that the employee who committed the prohibited personnel practice, not the school district, shall pay the civil penalty?

Does the district take appropriate disciplinary action, including dismissal, against an employee found to have committed a prohibited personnel practice?

Has the district established an independent personnel board to hear employee complaints of reprisal or has it been determined that the local governing board will hear and decide upon these personnel matters?

If an independent board has not been established or if the local governing board does not hear the complaint, the employee may make a complaint to the State Personnel Board within ten (10) days of the effective date of the action taken against him.

In hearing a complaint pursuant to this section, does the governing board make a determination concerning the validity of the complaint and whether a prohibited personnel practice was committed against the employee or former employee as a result of disclosure of information by the employee or former employee?

[ ] Yes [ ]No

Ars†38-608 compensation or time off for legal holidays

Does the Governing Board ensure that employees who work 40 hours or more per week who do not receive either compensation or commensurate time off for legal holidays, do receive for each legal holiday worked, one day additional vacation leave or one day additional compensation for each such legal holiday worked?

[ ] Yes [ ]No

Ars†38-610 leave of absence for military training

Does the Governing Board ensure that employees of the district are granted leaves of absence from their duties without loss of time, pay or efficiency rating, on all days during which they are employed on training duties under orders with any branch of the Armed Forces of the United States for a period of not to exceed 30 days in any two consecutive years?

Is the period of time spent in training under orders not deducted from the vacation period with pay to which the employee is otherwise entitled?

[ ] Yes [ ]No

Ars†38-745 membership in retirement system

All certificated persons must belong to the retirement system. All non-certified persons must belong to the system if the district has contracted with the retirement system for that purpose. The exception to this is for a temporary employee as follows:

With the exception of temporary employees whose employment is for a term of not more than three months and non-certified persons if the district has NOT contracted with the retirement system for them, are all district employees members of the retirement system?

A temporary employee whose employment is for a term of not more than three months may have the option of signing a waiver of membership and no contributions shall be deducted from wages or paid in the employee's behalf by the district for the period of temporary employment. If the employment continues beyond the period of three successive months, is a retirement account established as of the beginning of the next succeeding payroll period following completion of the three-month period?

[ ] Yes [ ]No

Ars†38-759.01 employment beyond age seventy; retirement contributions and benefits; exceptions

Has the Governing Board adopted rules for the officers and employees of the district prescribing the procedures and standards in accordance with ARS 38-759.01 to be followed for the continuation of employment beyond age 70?

This statute is currently in place; however, IT IS IN CONFLICT WITH 1986 FEDERAL LAW. Districts who employ workers who will be working beyond age 70 should contact their attorney in order to avoid legal conflicts with EEOC requirements.

[ ] Yes [ ]No

Ars†38-781.04 employee contributions

Are contributions of members of the state retirement system required as a condition of employment and made by payroll deductions? (See NOTE at ARS 38-745.)

[ ] Yes [ ]No

Ars†38-781.07 normal retirement

Does the district provide evidence of, and certify to, in a manner provided by the State Retirement System Board, the participant's average monthly compensation if such information is not already available from the records of the plan or system?

[ ] Yes [ ]No

Ars†38-781.29 leave of absence; transfer to plan; credit for leave without pay

Has the Governing Board adopted rules establishing guidelines for a leave of absence which benefits or is in the best interests of the district?

[ ] Yes [ ]No

Any active participant of the state retirement plan who is officially granted leave of absence without pay may elect to be credited with future service for retirement purposes, for not more than one year of such leave, by paying to the plan the amounts provided in ARS 38-781.29.C., provided such participant has not withdrawn contributions and the Governing Board has certified the leave of absence benefits, or is in the best interest of the district.

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Source:  OpenStax, Arizona education law review: gary emanuel, northern arizona university. OpenStax CNX. Oct 09, 2009 Download for free at http://cnx.org/content/col11123/1.6
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