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News report about recent Arizona Supreme Court decision, by Howard Fischer of Capitol Media Services
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Ariz. high court gives university
workers a win
By Howard Fischer
Capitol Media Services
PHOENIX - State universities can't strip their employees of
their
right to a fair personnel hearing, the Arizona Supreme Court
ruled
yesterday.
The justices conceded that universities can operate their own
personnel systems with their own procedures for handling
appeals from workers who believe they are being treated
unfairly
- including ``whistle-blowers'' who allege violations of the
law.
But in a major victory for employees, the justices unanimously
concluded that those employees have the same basic rights to
have an attorney and to call and cross-examine witnesses that
are available to other state workers.
The case involves Camille Kimball, who was a producer and
on-air
figure at KAET-TV, the Phoenix PBS outlet, at Arizona State
University. But its ramifications are much broader: All three
state
universities have policies similar to the one the high court
voided.
Yesterday's ruling also may wind up a two-year battle in the
Legislature. Several employee groups, including faculty
associations, have lobbied unsuccessfully to force the
universities
to offer more protections to whistle-blowers.
Kimball said she became the victim of reprisals - including
being
taken off the air - by executives at the TV station after she
complained to the U.S. Department of Labor about failure to
pay
her for overtime.
Kimball then complained to the state personnel board, saying
the
university violated state whistle-blower statutes.
Attorneys for ASU then sued the personnel board to block its
taking action, pointing out that the Legislature had decided
universities with their own rules to protect employees are not
subject to the law. A Maricopa County Superior Court judge
agreed.
But Supreme Court Justice Frederick Martone said universities
can
have their own personnel appeal process for whistle-blowers,
but
only if they comply with the ``due process'' protections the
Legislature gives to all other state workers.
In this case, Martone wrote, ASU allows workers to hire
attorneys
but then prohibits the lawyers from actually participating in
the
hearing. ASU also denies the right to cross-examine witnesses
and
to subpoena one's own witnesses.
``A lawyer must be able to participate fully at the hearing,''
Martone wrote.
Greg Fahey, lobbyist for the University of Arizona, said its
personnel policies are similar to the one the high court
voided at
ASU. Fahey said he had not seen yesterday's ruling but
presumes
that the university will change its rule if it is illegal.
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