Title 38 — Public Officers and Employees

A. Every officer shall be not less than eighteen years of age, a citizen of the United States and a resident of this state. B. No person is eligible to any office, employment or service in any public institution in the state, or in any of the several counties thereof, of any kind…

A. When it is provided by law that a state officer shall be appointed pursuant to this section, the governor shall nominate and with the consent of the senate appoint such officer as prescribed in this section. B. If the term of any state office that is appointive pursuant to thi…

Where the statutes limit the number of members of a board or commission who can be members of the same political party, the governor shall not appoint as a member of any such board or commission any person who does not have a continuous recorded registration pursuant to title 16,…

A. The governor shall commission in the name and by the authority of the state: 1. Officers elected by the electors of the state whose commissions or certificates of election are not otherwise provided for. 2. Officers elected by the legislature. 3. Officers of the militia. 4. Of…

A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educ…

When a different time is not prescribed, the oath of office shall be taken and subscribed as follows: 1. If appointed, at or before commencement of the term of office. 2. If elected, at any time after receiving the officer's certificate of election, and at or before commencement …

A. The official oaths of state elective officers shall be filed of record in the office of the secretary of state. The official oaths of all other state officers and employees shall be filed of record in the office of the employing state board, commission or agency. B. The offici…

A person who knowingly intrudes himself into a public office to which he has not been elected or appointed, or a person who, having been a public officer, knowingly exercises the functions of his office after his term has expired and a successor has been elected or appointed and …

A. The governor shall obtain and deliver to the secretary of state a blanket bond, payable to the state, in the principal amount of one hundred thousand dollars for each state officer and employee conditioned on the faithful performance of his duties. B. All state officers and em…

The approval of every official bond shall be endorsed thereon, signed by the officer approving the bond, and filed within the time prescribed for filing the oath in the office in which the official oath of the office is filed, except that the bonds of deputies or employees shall …

When a public officer, excepting a notary public, his deputy, assistant or employee is required by law or by a board or commission of the respective agencies of the state to give bond for the performance of the duties of his office and the surety of the bond is a corporation, the…

Every officer with whom bonds are filed shall record them in a book kept by him for that purpose, preserve the bond and give certified copies thereof under seal to any person upon demand and payment of the fee for a copy and certificate.

All official bonds shall be joint and several in form and made payable to the state of Arizona. The condition shall be that the principal will well, truly and faithfully perform all official duties required of him by law. The bond shall be signed by the principal and at least two…

A. The officer whose duty it is to approve the bond shall not accept or approve it unless the sureties severally justify as required by law. B. A member of the board of supervisors shall not be accepted as surety upon the official bond of any county or precinct officer of the cou…

When the penal amount of any bond required to be given amounts to more than one thousand dollars, the sureties may become severally liable for portions of not less than five hundred dollars thereof, making in the aggregate at least two sureties for the whole penal sum. If any suc…

Every official bond executed by an officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof committed during the time the officer continues to discharge any of the duties of or hold the office, w…

Every official bond executed by any officer pursuant to law, is in force and obligatory upon the principal and sureties therein to and for the state and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of the officer in …

No bond is void on the first recovery of a judgment thereon, but action may afterwards be brought on the bond from time to time by the state, or by any person injured, and judgment recovered thereon until the whole penalty of the bond is exhausted.

When an official bond does not contain the substantial matter or conditions required by law, or when there are any defects in the approval or filing thereof, such defects shall not discharge the officer and his sureties, and they are bound to the state, or party injured, accordin…

A. When a surety on any official bond moves from the state, becomes insolvent or insufficient, or the penalty on the bond becomes insufficient, the person approving the bond shall, of his own motion, or on the showing of any person, supported by an affidavit, at once notify any s…

The new or additional bond shall be in the penalty directed by the person approving the original bond, in all respects similar to, and approved by and filed with the same officer as the original bond. When so filed it shall be of like force from the date of its execution and subj…

The original bond is not discharged or affected by the giving of new or additional bond, but remains of like force and obligation as if the new or additional bond had not been given. The officer and his sureties are liable upon either or both bonds, and an action may be brought u…

A. If separate judgments are recovered on the bonds for the same cause of action, the plaintiff is entitled to have execution issued on both judgments, but he shall only collect by execution or otherwise the amount actually adjudged to him on the same causes of action, together w…

A. When any sureties on the official bond of an officer wish to be discharged from their liability, they and such officer may procure such discharge if the officer will execute a new bond to be approved and filed as the original bond. Upon the filing and approval of the new bond,…

Any person appointed to fill a vacancy, before entering upon the duties of the office, shall give a bond as required of the officer originally elected or appointed.

A. Any surety on the official bond of any officer may be relieved from liabilities thereon afterwards accruing by complying with the following provisions: 1. The surety shall file with the person authorized by law to approve the official bond, a sworn statement in writing setting…

A. When a surety on any official bond gives notice of intention to withdraw therefrom, or is removed or becomes insolvent or becomes otherwise incompetent, the principal shall, within ten days after the notice or disqualification, execute and file, subject to the same conditions …

No surety shall be released from liability for acts, omissions or causes existing or which arose before the making of the order discharging him, but legal proceedings may be had therefor in all respects as though no such order had been made.

After an action has been commenced to recover upon any bond required to be given by a public officer, the plaintiff may file an affidavit stating either positively or on information and belief that the bond was executed by the defendant, and that the defendant has real property, …

Upon receiving the certificate the county recorder shall endorse, file and record it in the same manner as notices of the pendency of an action affecting real estate. Any judgment recovered in such action is a lien upon all real estate belonging to the defendant and located in an…

An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office: 1. Death of the person holding the office. 2. Insanity of the person holding the office, when judicially determined. 3. Resignation of the pers…

When an officer is removed, declared insane or convicted of a felony or an offense involving a violation of his official duties, or when his election or appointment is declared void, the body, judge or officer before whom the proceedings were had shall give notice thereof to the …

In addition to the penalty fixed by express terms for every neglect or violation of official duty on the part of public officers of the state, a county, city, town, district or township where it is not so expressly provided, such officers may, in the discretion of the court, be r…

Resignations shall be in writing and made as follows: 1. By members of the legislature, to the presiding officer of the body of which the legislator is a member, who shall immediately transmit the resignation to the governor. 2. By state officers and officers of the militia, to t…

A. Unless otherwise specified by law, every officer holds office at the pleasure of the appointing power. B. Every officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified. The discharge of the duties of office f…

A. Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, state or federal office. B. An incumbent of a salaried elected off…

A. A person is not eligible to be a candidate for nomination or election to more than one public office if the elections for those offices are held on the same day and if the person would be prohibited from serving in the offices simultaneously. B. A person is not eligible to be …

Notwithstanding section 38-361, when a vacancy exists through the induction or order of an appointive officer or employee described in section 38-298 into the armed forces of the United States, the appointing or employing authority shall inform any person appointed to fill the va…

An appointive officer or employee of the state or of a political subdivision thereof, including an employee of the educational system, having been inducted or ordered into active service in the armed forces of the United States after August 1, 1939, shall, upon completion of his …

An appointive officer included within the provisions of section 38-298 whose term of office is prescribed by law is not entitled to the protection of sections 38-297 and 38-298 if his term of office expires on or before the date he is relieved from military or naval service. If s…

Notwithstanding section 38-291, paragraph 7, if a person serving in an elective office of this state other than the governor, or a political subdivision of this state receives orders for active military duty and the period of active duty is projected to continue for at least thre…

The governor, every state and judicial officer, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors or malfeasance in office.

Impeachment shall be instituted in the house of representatives by resolution, and shall be conducted by managers elected by the house of representatives, who shall prepare articles of impeachment, present them at the bar of the senate and prosecute them. The hearing shall be hea…

A. The senate shall assign a day for hearing the impeachment, and inform the house of representatives thereof. B. The president of the senate shall cause a copy of the articles of impeachment, with a notice to appear and answer them at the time and place appointed, to be served o…

Not later than ten days after the articles of impeachment have been presented to the senate, the senate shall organize as a court of impeachment and may, for the purpose of conducting the proceedings of that court, appoint a clerk who may be the secretary of the senate. The clerk…

A. Witnesses shall receive the same compensation for travel and attendance, and the same exemptions in going, remaining and returning as witnesses in civil proceedings conducted in the superior court. B. Officers executing the process and orders of the court of impeachment shall …

The senate, while sitting as a court of impeachment, shall determine what accumulation of absences of a senator during the hearing shall exclude the senator from voting on the final decision.

A. The senators composing the court of impeachment and the managers representing the house of representatives shall be paid during the impeachment trial the compensation, mileage, and subsistence provided by law for members of the legislature when convened in regular session. B. …

The expenses of impeachment proceedings, after the legislature has adjourned, shall be a charge upon the general fund of the state and shall be paid from any money in the general fund not otherwise appropriated upon verified claims, approved and attested as provided in section 38…

When a vacancy occurs in the board of managers selected by the house to try impeachment proceedings before the senate, and the house of representatives is not in session, the speaker or the presiding member, or if there is no presiding member, then the oldest member of the house …