Merit Commission - Merit Rules
Maricopa County Merit System Commission is actually two commissions
in one. The Commission is responsible for overseeing the Employee
Merit System Rules (under the provisions of A.R.S. § 11-351
through § 11-356) and the Law Enforcement Officers Merit System
Rules (A.R.S. § 38-1001 through 38-1007). The Commission consists
of five members, each of whom is nominated by a member of the Board
of Supervisors. Each Commission member holds office for a term of
four years. The Commission is charged with representing the public
interest in the improvement of personnel administration in the county
service. The Commission adopts new rules, amends existing rules,
recommends preparation of policies and procedures, and serves as
an independent personnel board for the County under A.R.S. §
here to go to the Arizona State Statutes.
Merit Commission members are:
Lally, Chairman, District 1
Larry Pickard, Vice-Chairman, District 4
Sean Lake, District 2
Alberto Gutier, District 3
David Hernandez, District 5
Matters Which May be Appealed
in the classified service who have attained regular status may appeal
a dismissal, demotion, suspension or a reduction in force (RIF).
An employee who has been subject to a RIF under the Employee Merit
Systems Rules may file an appeal only on the grounds that the calculation
of the employee's retention points was inaccurate and resulted in
that employee being selected for separation before another. An employee
subject to the Law Enforcement Officers Merit System Rules may appeal
the RIF on the grounds that the order of layoff or dismissal has
not been determined in accordance with the Resolution and Rules
of the Commission.
for an appeal must be in writing and filed with the Human Resources
Director. Appeals must be filed no later than ten (10) business
days following the receipt of a written order from the appointing
authority. The request for appeal must state the facts upon which
the appeal is based and the action requested of the Merit Commission.
An initial hearing date will be set within twenty (20) business
days after receipt of an appeal request. Notification of the date
and time of the hearing will be mailed to the parties.
is assigned to a Hearing Officer who is an authorized representative
of the Merit Commission. The Hearing Officer is empowered to grant
or refuse extensions of time, rule on motions, take testimony, accept
evidence and provides the Findings of Fact, Conclusions of Law and
Recommendations to the Commission.
party may request subpoenas. Requests for subpoenas must include
the complete name, address, and phone number of the individual(s)
to be subpoenaed. The Merit Systems Administrator must receive requests
for subpoenas no later than ten (10) business days prior to the
is closed to the public unless the appellant requests that the hearing
be open to the public. The Appellant may represent himself or herself
or be represented by legal counsel of his or her choosing (at the
expense of the appellant), or a lay representative. The County arranges
with a court reporter to record and transcribe the hearing. Each
party will have a maximum of three and one-half (3.5) hours to present
the case including opening statement; direct exam, cross exam, and
re-direct/re-cross of witnesses; objections; and closing argument.
Time spent on cross examination and re-cross counts against the
total time allotted to the party conducting the examination. The
Hearing Officer shall have the authority to grant up to an additional
7 hours (total) of testimony. The Hearing Officer shall not allow
testimony beyond 14 hours total without prior approval from the
Law Enforcement Officers’ Merit System Commission chairman
may submit a written request to withdraw the appeal at any time
prior to the decision by the Commission.
the hearing is completed, the Hearing Officer will prepare Findings
of Fact, Conclusions of Law, and Recommendations. Copies will be
sent to the Appellant and Respondent and the parties have ten (10)
calendar days from the receipt of the Hearing Officer's Recommendation
to file written objections with the Commission. Each party must
serve a copy of their written objections upon the other interested
parties. The parties are notified by letter of the meeting date
where the Commission will consider matters relating to the appeal.
by the Commission
will review the Hearing Officer's Recommendation and any written
objections by the Appellant and Respondent. The Commission may adopt
the Hearing Officer's Recommendation in its entirety, or modify
it, or may itself decide the case upon the record, including the
transcript with or without taking additional evidence.
more information contact:
Cruz, Merit Systems Administrator
301 West Jefferson, Suite 200
Phoenix, AZ 85003
Phone: 602 506-3792 Fax: 602 506-3313