41-741. Definitions

In this article and articles 5 and 6 of this chapter, unless the context otherwise requires:

1. " Appointing authority" means the person or group of persons authorized by law or delegated authority to make appointments to fill positions.

2. " At will" means an employment relationship where either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.

3. " Break in service" means a separation from state employment, regardless of the reason for separation.

4. " Change in assignment" means movement of an employee to a different position in the same state agency or another state agency.

5. " Covered employee" means an employee who:

(a) Before September 29, 2012, is in the state service, is not uncovered pursuant to section 41-742, subsection A and has remained in covered status without a break in service since that date.

(b) Before September 29, 2012, is in the state service, is employed as a correctional officer I, correctional officer II, correctional officer III or community corrections officer and has remained in covered status without a break in service since that date.

(c) Before September 29, 2012, is in the state service, is a full authority peace officer as certified by the Arizona peace officer standards and training board and has remained in that status without a break in service since that date.

(d) On or after September 29, 2012, is a correctional officer I, correctional officer II, correctional officer III or community corrections officer and is appointed to a position in the covered service, but does not include a position in any other class in the correctional officer class series or the community correctional officer class series or in any other correctional class series.

(e) On or after September 29, 2012, is a full authority peace officer as certified by the Arizona peace officer standards and training board and is appointed to a position that requires such a certification in the covered service.

6. " Covered service" means that employment status conferring rights of appeal as prescribed in sections 41-782 and 41-783 or section 41-1830.16, as applicable.

7. " Director" means the director of the department of administration, or the director's designee, who is responsible for administering the state personnel system pursuant to applicable state and federal laws.

8. " Employee" means all officers and employees of this state, whether in covered service or uncovered service, unless otherwise prescribed.

9. " Full authority peace officer" means a peace officer whose authority to enforce the laws of this state is not limited by the rules adopted by the Arizona peace officer standards and training board.

10. " Original probationary period" means the specified period following initial appointment to covered service.

11. " Probationary period" means a working test period of employment in a covered service position for evaluation of the employee's work.

12. " Promotional probation" means the specified period of employment following promotion of a permanent status employee to another covered service position that has a higher pay grade.

13. " Rules" means rules adopted by the department of administration, human resources division.

14. " Significant procurement role" :

(a) Means any role that includes any of the following duties:

(i) Participating in the development of a procurement as defined in section 41-2503.

(ii) Participating in the development of an evaluation tool.

(iii) Approving a procurement as defined in section 41-2503 or an evaluation tool.

(iv) Soliciting quotes greater than ten thousand dollars for the provision of materials, services or construction.

(v) Serving as a technical advisor or an evaluator who evaluates a procurement as defined in section 41-2503.

(vi) Recommending or selecting a vendor that will provide materials, services or construction to this state.

(vii) Serving as a decision maker or designee on a protest or an appeal by a party regarding an agency procurement selection or decision.

(b) Does not include making decisions on developing specifications and the scope of work for a procurement as defined in section 41-2503 if the decision is based on the application of commonly accepted industry standards or known published standards of the agency as applied to the project, services, goods or materials.

15. " State agency" means a department, board, office, authority, commission or other governmental budget unit of this state and includes an agency assigned to a department for administrative purposes. State agency does not include the legislative and judicial branches, the Arizona board of regents, state universities, the Arizona state schools for the deaf and the blind, the department of public safety, the Arizona peace officer standards and training board, the cotton research and protection council or public corporations.

16. " State personnel board" means the board established by section 41-781.

17. " State personnel system" means all state agencies and employees of those agencies that are not exempted by this article.

18. " State service" means all offices and positions of employment in state government that, before September 29, 2012, were subject to the provisions of articles 5 and 6 of this chapter that were in effect before September 29, 2012.

19. " Supervisor" means a state employee who has one or more other state employees reporting directly to the person and, for those state employees, typically has the authority to:

(a) Approve sick or annual leave.

(b) Recommend hiring, discipline or dismissal.

(c) Assign or schedule daily work.

(d) Complete a performance evaluation.

20. " Uncovered employee" means an employee in uncovered service.

21. " Uncovered service" means employment at will and includes all state employees except those in covered service.