1.30 Out-of-State Work
A. Policy
1. Mohave County employees must perform their regular work duties within the state of Arizona. Working full-time out of state is prohibited, except as outlined below. This policy does not apply to temporary, short-term (less than two consecutive weeks at a time) work performed out of state.
B. Procedure for Authorization to Work Full-Time Out of State
1. All requests for authorization to work full-time out of state must be submitted by the Employee’s Department Head or Elected Official to the County Manager. Before submitting the request to the County Manager, the request must be submitted in writing to the Finance Department, Risk Management, and the Civil Division of the County Attorney’s Office, each of which shall review the request and make a recommendation to the County Manager. The recommendations, along with the request, shall be forwarded to the County Manager for review.
2. The request for authorization to work full-time out of state must show that all of the following criteria are met:
a. The request must include the name of the state in which the employee wishes to work full time;
b. The request is supported by a compelling circumstance;
c. Working full-time out of state is in the best interest of Mohave County;
d. Working full-time out of state serves a legitimate business purpose that fulfills the mission and objectives of Mohave County and is not primarily for the personal benefit of an employee; and
e. The employee has developed a plan to show that the employee is able to adequately fulfill the employee’s job responsibilities and comply with all County policies and procedures at the remote location.
3. Upon receipt of the written request and the recommendations from the departments identified above, the County Manager shall determine, in the County Manager’s sole discretion, whether to approve or deny the request for authorization to work full-time out of state. Approval shall be made on a case-by-case basis and in consideration of the employee’s performance, ability, job duties, the written request and the recommendations of the departments identified above.
4. Only after the County Manager has approved the request may an employee be permitted to work full-time out of state.
C. Additional Items:
1. Authorization to work full-time out of state is not an entitlement, it is not a County- wide benefit, and it does not change the terms and conditions of employment with Mohave County.
2. Employees are responsible for making any necessary adjustments for their personal income taxes and benefits. Tax and legal implications for the business use of the employee’s home or other off-campus work location are based on Internal Revenue Service rules and State and local government regulations. The employee is solely responsible for compliance with all Federal, State and local government restrictions, including any filing or permitting requirements. Mohave County makes no statements or claims as to the tax consequences of the employee working out of state or the location of the employee’s workspace, nor will Mohave County assume additional tax liabilities. Employees are encouraged to seek their own independent advice from a tax professional.
3. Employees are responsible for working with the IT Department to ensure any technology necessary to perform their work is compatible, secure, and in good working order, and that they comply with the County’s Technology Acceptable Use Policy.
4. Any employees working full-time out of state prior to the date the Board of Supervisors approved this policy need not receive written approval to continue working out of state at their present locations, but all remaining provisions of this 1.300 policy shall apply to them. Any employee authorized to work full-time out of state who wishes to relocate to another state and to continue working full-time must follow all of the provisions of 1.300, including the procedures for authorization to work out of state.
5. Mohave County is not responsible for any operating costs that are associated with the employee’s preparation for, or use of, the employee’s out of state work location, including but not limited to, home maintenance, insurance, furniture, utilities or adequate telephone or internet services.
6. All additional County costs that arise as a result of an employee working full-time out of state shall be the responsibility of the employee’s department and subject to the department’s approved budget.
7. The full-time out of state employee is responsible for ensuring that the employee’s workspace is safe and shall take the necessary steps to minimize the risk of injury or harm. The full-time out of state employee agrees to allow virtual inspections of the employee’s work space upon twenty-four prior notice from the employee’s supervisor or the Risk Management Department to verify the work space is safe and does not pose a risk of injury or harm.
8. An employee’s failure to obtain permission to work full-time out of state, or to follow the conditions outlined in 1.300 herein, is a violation of the Mohave County Personnel Policies and Procedures and may be grounds for discipline, up to and including termination of employment.