Chapters 100-400
Agency Administration/ Management
|
CHAPTER: 100 AGENCY ADMINISTRATION/ MANAGEMENT |
OPR: DIR |
|||
DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER: 110 LEGISLATIVE ACTIVITIES |
SUPERSEDES: DO 110 (09/01/96) |
|||
| EFFECTIVE DATE:
|
TABLE OF CONTENTS
| PURPOSE | |
| PROCEDURES | |
| 110.01 | LOBBYING BY AUTHORIZED LOBBYISTS ONLY |
| 110.02 | LEGISLATIVE REQUESTS FOR INFORMATION AND TOURS |
| 110.03 | STAFF CONTACT WITH LEGISLATIVE MEMBERS OR STAFF |
| 110.04 | PROHIBITED CONDUCT |
| DEFINITIONS | |
| AUTHORITY |
The Department strives to maintain a good working
relationship with the Arizona State Legislature, its members and staff, by
providing timely and accurate information. The Department Director, Deputy
Director, Legislative Liaison, the Department's Labor Relations Advisory
Committee and individual employees designated by the Director are authorized to
address the Legislature on behalf of the Department.
While all Department employees are required to comply in full, nothing in this policy should be construed to inhibit an individual's ability to speak with their elected officials about personal issues or to express their personal opinions about Department operations in general.
110.01
LOBBYING BY AUTHORIZED LOBBYISTS ONLY - All authorized lobbyist are
required to register with the Secretary of State’s office annually. Only the
Director, Deputy Director, the Legislative Liaison or other staff as designated
by the Director is authorized to lobby on behalf of the Department. When an
employee is asked by the Director to lobby on behalf of the Department, they
shall dress in Class A uniform and utilize state time. The Department is a state
agency within the executive branch of state government. As such, legislative
proposals reflecting the Governor's policies are supported by the Department.
For bills initiated by parties other than the Department, the Department's
position shall be determined by the Director.
110.02 LEGISLATIVE
REQUESTS FOR INFORMATION AND TOURS 1.1 Department staff shall refer all legislative requests
for information, assistance, meetings and/or tours to the Legislative Liaison,
Deputy Director or the Director. Only Department authorized employees may
represent the Department for legislative requests for information, assistance,
meetings and/or tours. See Department Order #207, Media Relations,
regarding requests for information from the media and public. Staff may not
release any Department information that is not currently readily available on
the Department’s web page without prior approval from the Director, Deputy
Director or Legislative Liaison. When staff provides currently readily available
information to a legislator or legislative staff, the employee shall immediately
advise the Legislative Liaison, in writing. 1.2 Department staff shall refer all requests from
legislators or legislative staff to tour a Department facility or visit an
inmate to the Legislative Liaison or, if not available, to the Deputy Director. 110.03
STAFF CONTACT WITH LEGISLATIVE MEMBERS OR STAFF - Any Department
employee may speak with their elected officials about personal issues or to
express their personal opinions about Department operations on their own time.
Whenever a Department employee has contact with the state legislators and their
staff, the employee is expected to demonstrate in demeanor and dress their
professionalism.
110.04 PROHIBITED
CONDUCT - The Arizona Code of Administrative Regulations R2-5-501
requires all employees to conduct themselves in a manner that will not bring
discredit or embarrassment to the State. A.R.S. §41-770 lists 14 reasons for
discipline or dismissal from state service including improper political
activity.
AUTHORIZED PUBLIC LOBBYISTS
LEGISLATIVE LIAISON - The Legislative Liaison administers the Department's legislative affairs and represents the Department on bills impacting Department policy, budget, and statutory roles and responsibilities, unless otherwise advised by the Director or Deputy Director. The Legislative Liaison may rely on the General Counsel, Division Directors or appropriate staff for their expert testimony.
LOBBYING - Attempting to influence the passage or defeat of any legislation by directly communicating with any legislator. Lobbying does not include:
- Communications between state agency employees.
- Questions or comments made by an employee to a state officer or employee regarding a proposed rule and made in public at a meeting or workshop that is open to the public and that is sponsored by a state agency, board, commission, council or office.
- Communications between a public official and employee of a public body, a designated public lobbyist or authorized public lobbyist and any state officer, except for a member of the legislature, or employee of the legislature.
STATUTORY RESTRICTIONS - There are a number of statutory restrictions and prohibitions impacting the dissemination of information. These statutes include:
- Information impacting Department operations - Pursuant to case law, where release of documents would be harmful to the best interest or operations of ADC or the State of Arizona, it shall not be released. See Grimm v. Arizona Board of Pardons and Parole, 115 Ariz. 260, 564 P. 2d 1227 (1977); Belo v. Mesa P.D., 202 Ariz. 184, 42 P.3d 615 (2002).
- Ongoing Investigations - A.R.S. §31-221 restricts release of portions of an inmate’s master record file such as (a) the identity of a confidential informant (b) information which may endanger the life or physical safety of any person or (c) jeopardizing an on going criminal investigation. Release of information which might jeopardize ongoing criminal investigations may be withheld by the Department. Phoenix Newspapers, Inc v. Superior Court In and for County of Maricopa, (App. Div. 1 1993) 180 Ariz. 159, 882 P.2d 1285, review denied.
- Department Staff Employment Information - Arizona Administrative Code R2-5-105 limits disclosure of information in employee personnel files to the following:
Name of employee
Date of employment
Current and previous class title
Other agencies to which the employee was assigned
Salary history
Employees' current and last known supervisor
Social Security numbers are restricted pursuant to Federal law. See 42 USC 405.
- Crime victims right to privacy - A.R.S. § 8-413 protects certain personal information about victims such as their address and telephone number unless the victim consents. Privacy interests can overcome the presumption in favor of disclosure of public records. The Department may withhold the release of information if it can demonstrate that public disclosure is outweighed by considerations of "confidentiality, privacy, or the best interest of the State." Belo v. Mesa P.D., 202 Ariz . 184, 42 P.3d 615 (2002).
- Inmate Medical Records
§12-2292 prohibits the release of inmate medical records or information because it is considered confidential by law.
§12-2293, 2294 and 2294.01 require an authorization signed by the inmate for release of records or a court subpoena.
DORA SCHRIRO
DIRECTOR
A.R.S 41-1231, Definitions