Arizona Correctional Peace Officers Association

Dear AZCPOA members:

Today you received a letter from your agency director regarding the Governor's Personnel Reform

Package. Please understand that this same letter was sent by each agency head to employees in an effort to

explain the 275 page bill the Governor submitted to the legislature the night before.

While we have not been through all of the finer points of the bill yet, we can tell you exactly how some of

the worst parts will impact you: 1) If you are made "at-will" it means you can be instantly fired for any

reason, or no reason at all. You do not have the right to know why you are being fired. You will not be given

any notice of charges. You will not have the right to respond to charges. You will have no right to appeal to

a personnel board.

Under this proposed system you can legally be fired for anything: using sick leave, coming to work late,

chewing gum ... literally any reason at all... 2) Very few state positions will remain "covered" and if you are

in a "covered" position you are only marginally better off than "at-will" employees. "Covered" employees

retain their right to appeal their discipline to the personnel board, but the Governor's bill also throttles the

Personnel Board's power to help employees.

The Governor's bill changes the Personnel Board's rules so that: Only demotions and terminations can be

appealed to the Personnel Board. The Personnel Board is legally barred from reducing discipline it

considers excessive The Personnel Board can only reverse discipline if there are no facts to support the

discipline Even if the Personnel Board reverses discipline, its ruling is not binding, but is a meaningless

advisory opinion The Personnel Board's meaningless advisory opinion is sent to the Agency Director who

imposed discipline. The Agency Director can reject the advisory opinion and the appeal process is then

over.

Under this proposed system, appeals for "covered" employees are meaningless. 3) "Covered" employees

will become "at-will" if they are promoted, transferred, accept a new assignment, or accept any subsequent

pay raise 4) "At-will" law enforcement officers have no rights under ARS 38-1101 and ARS 38-1104 and

thereby lose the right to have a rep present when the subject of AIU interviews.... 5) Grievances will be

severely limited. The only grievances allowed relate to EEO (sex/race harassment and discrimination)

Employees may not grieve policy violations. 6) We will bring you the rest of the Governor's changes for you

as we work through the monster 275 page bill.

AND NOW FOR THE GOOD NEWS: This bill is simply a proposal and has not been enacted! This is the

"first draft" and there are likely to be a lot of amendments. AZCPOA is working closely with its lobbyist &

lawyers on this bill. We expect significant changes. WORST CASE SCENARIO: CWA is also working with

AZCPOA on this and we have a plan in the works if this bill becomes law. It will be both challenged in court

and we intend to force a referendum on the bill, - this means that the voters will vote on in November!

WHAT CAN I DO? Don't Panic! - BUT GET READY TO ASSIST AZCPOA IN A MAJOR CAMPAIGN IN THE

COMING WEEKS. If it looks like we need to move some legislators to our side we will put out our call to

action among the membership. Get your families involved! We know to a certainty which of our thousands

of members reside in which legislators' districts. When the time comes, if necessary, we will lean on you to

work with us help save your jobs!

In Solidarity,

Kevin McClellan

President

AZCPOA Local 7010