Public employers have many constitutional, statutory, and regulatory provisions that uniquely apply to employees of governmental bodies. Each political body of our government is expressly created by a federal or state constitutional provision, statutory law, or regulation. A public employer may have a variety of duties and restrictions placed upon it by the very laws that create the public body.
Public employers may be subject to a body of regulation created by the public agency itself, generally entitled “policies.” If granted statutory authority, a public body has the ability to create policies and implement regulations to carry out its public duties and the administration of the employment of their agency. These regulations can be found in the Code of Federal Regulations (CFRs) for federal agencies or the Arizona Administrative Code (AAC) for Arizona state agencies. Other states also have their own administrative or regulatory code. Many human resources issues in public employment are subject to due process concerns. In Arizona, the legislature has expressly addressed discipline and termination requirements for certain public school district employees.
The Due Process Clause of the Fourteenth Amendment of the United States Constitution declares that no state...
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