Title 38 — Public Officers and Employees

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 …

A. If the accused does not appear, the court of impeachment, upon proof of service or publication may, on motion or for cause shown, assign another day for hearing the impeachment proceedings, or may proceed in the absence of the accused to trial and judgment. B. The accused may,…

If the accused is convicted, the court of impeachment shall, at such time as it appoints, pronounce judgment by resolution entered upon the journals of the court, which shall be the judgment of the senate. The judgment of conviction may provide that the accused be removed from of…

When articles of impeachment against any officer subject to impeachment are presented to the senate, such officer shall continue to perform the duties of his office unless and until removed.

A. An accusation, in writing, against a county, district or precinct officer for wilful or corrupt misconduct in office may be presented by a grand jury of the county for or in which the officer accused is elected or appointed. B. The accusation shall state the offense charged in…

A. The accusation shall be delivered by the foreman of the grand jury to the county attorney, who shall cause a copy thereof to be served upon the accused, and require by written notice of not less than ten days that he appear before the superior court in and for the county and a…

A. If the accused pleads guilty or refuses to answer the accusation, the court shall render judgment of conviction against him. If the accused denies the matters charged, the court shall immediately, or at such time as it appoints, try the accusation. B. The trial shall be by jur…

The same proceedings on the same grounds as provided in this article may be had for removal of the county attorney, except that the accusation shall be delivered to a judge of the superior court of the county, who shall thereupon file the accusation with the clerk of the court an…

An appeal may be taken from a judgment of removal to the supreme court in the same manner as from a judgment in a civil action, but until the judgment is reversed the accused shall be suspended from office. Pending the appeal the office may be filled as vacancies in other offices…

Any person elected or appointed to fill a vacancy, after filing his official oath and bond, if a bond is required, possesses all the rights and powers and is subject to all the liabilities, duties and obligations of the officer who previously occupied the office.

Every public officer on vacating an office, or, in case of his death, his legal representative, shall deliver to his successor in office all property, books, papers and documents relating to or connected with the office and the official duties of the office.

A public officer whose office is abolished by law, or who, after expiration of the time for which he has been appointed or elected, or after he has resigned or been legally removed from office, knowingly and unlawfully withholds or detains from his successor, or other person enti…

If any person refuses or neglects to deliver to the lawful incumbent any property or records pertaining to the office or the duties of the office, the incumbent may apply by petition to the superior court of the county in which the person resides, and the court shall proceed in a…

State offices shall be kept open for transaction of business from eight o'clock a.m. until five o'clock p.m. each day from Monday through Friday except: 1. On holidays. 2. In implementing an agency furlough if the department of administration has authorized the state office to be…

Every officer entitled by law to charge fees for services shall keep a fee book and shall enter therein all fees charged for services rendered. The fee book shall at all times be subject to inspection by any person to ascertain the amount of fees therein charged.

Recorders, clerks of the superior courts, sheriffs, justices of the peace, constables and notaries public shall keep posted at all times in a conspicuous place in their respective offices a complete list of the fees they are allowed to charge.

A. If an officer demands and receives a higher fee than prescribed by law, or any fee not so allowed, such officer shall be liable to the party aggrieved in an amount four times the fee unlawfully demanded and received by him. B. An officer who violates this section is guilty of …

A public officer who by law is required to make an abstract or statement of the amount of fees, compensation or percentage as earned or collected by him or his deputies, or as having been returned to him by any other officer or person, or who is required by law to keep or preserv…

A. An officer having custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who steals, or knowingly and without lawful authority destroys, mutilates, defaces, alters, falsif…

An officer charged with the collection, receipt or disbursement of any revenue or tax of the state, or any political subdivision thereof, who upon demand knowingly fails or refuses to permit the attorney general or a county attorney to inspect his books, papers, receipts and reco…

A public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true such a certificate or writing containing a statement which he knows is false, is guilty of a class 6 felony.

A. Except as provided in title 21, chapter 4, title 36, chapter 5, and subsections B and C of this section, this state or any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may for any purpose use electron…

In this article, unless the context otherwise requires: 1. "Advisory committee" or "subcommittee" means any entity, however designated, that is officially established, on motion and order of a public body or by the presiding officer of the public body, and whose members have been…

A. All meetings of any public body shall be public meetings and all persons so desiring shall be allowed to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting. B. Schools, school boards, executive boards a…

A. Public notice of all meetings of public bodies shall be given as follows: 1. The public bodies of this state, including governing bodies of charter schools, shall: (a) Conspicuously post a statement on their website stating where all public notices of their meetings will be po…

A. On a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or res…

Where the provisions of this article are not complied with, a court of competent jurisdiction may issue a writ of mandamus requiring that a meeting be open to the public.

A. All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void except as provided in subsection B. B. A public body may ratify legal action taken in violation of this article in accordance with the following …

A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation. B. In addition to other pow…

A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for…

A. This article does not apply to: 1. Any judicial proceeding of any court or any political caucus of the legislature. 2. Any conference committee of the legislature, except that all such meetings shall be open to the public. 3. The commissions on appellate and trial court appoin…

A. It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward …

When an officer discharges ex officio the duties of another office, his official signature and the attestation shall be in the name of the office which he discharges.

A. A person who exercises a function of a public office without taking the oath of office, or without giving the required bond, is guilty of a class 2 misdemeanor. B. This section shall not affect the validity of acts done by a person exercising the functions of a public office i…

A public officer or person holding a position of public trust or employment who knowingly omits to perform any duty the performance of which is required of him by law is guilty of a class 2 misdemeanor unless special provision has been made for punishment of such omission.

A public officer who knowingly asks or receives any emolument, gratuity or reward, or any promise thereof, excepting those authorized by law, for doing any official act, is guilty of a class 6 felony.

A public officer, except a notary public or a member of the national guard of Arizona traveling under orders, who knowingly accepts or uses a pass or purchases transportation from a common carrier, other than as such transportation may be purchased by the general public, is guilt…

Notwithstanding any provision of law to the contrary, no public officer or employee is personally liable for acts done in his official capacity in good faith reliance on written opinions of the attorney general issued pursuant to section 41-193, written opinions of a county attor…

An officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing evidences of indebtedness, who violates any provision of such laws, is guilty of a class 5 felony, and is fo…

A. Except to the extent required in conjunction with a bona fide, agency approved research project or other agency approved undertaking, an employee of an agency shall not knowingly use agency owned or agency leased computer equipment to access, download, print or store any infor…

A. The POW/MIA flag shall be displayed on or in front of the locations prescribed in subsection B of this section on any day when the United States flag is displayed. B. The locations for the display of the POW/MIA flag pursuant to subsection A of this section are the following: …

A. The honor and remember flag shall be displayed on or in front of the locations prescribed in subsection B of this section on any day when the United States flag is flown at half-staff because of the death of a member of the United States armed forces. B. The locations for the …

B. Notwithstanding any other law, when flags are displayed on multiple staffs the Arizona state flag shall always be displayed to the honor of the United States flag.

A. Every state officer, board or commission may appoint deputies and assistants when authorized by law, and may appoint clerks and employees for the prompt discharge of the duties of the office. B. Deputies, assistants and subordinate officers whose appointments are not otherwise…

A. Unless otherwise provided, each deputy of a state or county officer possesses the powers and may perform the duties prescribed by law for the office of the principal. B. When the official name of any principal officer is used in law conferring power, or imposing duties, liabil…

A. Every officer is liable on his official bond for any official negligence or misconduct on the part of his deputies, clerks or assistants, and may require an official bond from a deputy appointed by him, in an amount not greater than that required of the officer and conditioned…

No salary or compensation shall be paid to deputies, assistants, clerks or employees of a state office, board or commission unless authorized in the appropriation made for that office, board or commission by the legislature, and under regulations the legislature prescribes.

A person who knowingly gives or offers any gratuity or reward in consideration that he, or any other person, be appointed to a public office, or permitted to exercise or discharge the duties thereof, is guilty of a class 6 felony.

A public officer, who for a gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any duties of his office, is guilty of a class 6 felony and shall forfeit his office and is forever disqualified from holding any office …

A. It is unlawful, unless otherwise expressly provided by law, for an executive, legislative, ministerial or judicial officer to appoint or vote for appointment of any person related to him by affinity or consanguinity within the third degree to any clerkship, office, position, e…