Retired, concurring.
Although I agree with the result reached by the Court in this case, I write separately to express my views on some important additional considerations not covered by the Court’s analysis of the issues.
I agree with the Court that the statutes at issue do not exempt the Judicial Department from the jurisdiction of the State Personnel Board. I also agree that the attempted exercise of jurisdiction by the Board over Supreme Court employees is a violation of the Separation of Powers Doctrine of the Arizona Constitution (Article III). Although the Court bases its decision on the provisions of Article VI, Section 7 of the Arizona Constitution, I believe that the inherent power of the courts to control their employees is an additional and equally valid basis for holding that the Personnel Board cannot exercise jurisdiction over judicial employees. The judiciary’s inherent power of control over its personnel is a matter of settled precedent in this state. See Birdsall v. Pima County, 106 Ariz. 266, 475 P.2d 250 (1970); Roylston v. Pima County, 106 Ariz. 249, 475 P.2d 233 (1970); Mann v. County of Maricopa, 104 Ariz. 561, 456 P.2d 931 (1969); Powers v. Isley, *48566 Ariz. 94, 183 P.2d 880 (1947); Reinhold v. Board of Supervisors of Navajo County, 139 Ariz. 227, 677 P.2d 1335 (App.1984).
The Court has chosen to rely on the specific language in Section 7 to support its decision, but the above cited authorities make it clear that the Personnel Board has no jurisdiction over any personnel within the Judicial Department, whether the employee be a staff person in the administrative director’s office or a person employed in some other capacity by the Court.
One additional matter merits discussion. This case deals with the attempt by an Executive Department Board to exercise jurisdiction over personnel within the Judicial Department. The power of the Legislature to protect a state employee from reprisal for reporting matters of public interest has not been contested or challenged. It is the procedure for enforcement which has been challenged.
The State Personnel Board argues that the statutory enforcement procedure should be upheld to provide the employee with a forum to hear her complaint. Implicit in the Board’s argument is the assumption that the employee will be without a remedy, if the Board is denied jurisdiction over court personnel. The Board’s position is incorrect. The employee has a remedy. The Supreme Court has, in exercising administrative supervision of its employees, accepted and considered petitions from employees seeking relief from personnel actions taken by the clerk or the court administrator. The respondent employee had a forum within the Judiciary to hear her complaint. It was her choice not to avail herself of that forum. In any event, the State Personnel Board is without jurisdiction to hear the matter.