PREFILED    JAN 07 2011

REFERENCE TITLE: law enforcement officers; disciplinary action

State of Arizona Senate Fiftieth Legislature First Regular Session 2011

SB 1057

Introduced by Senator Gray

 

AN ACT

 

amending section 38‑1104, Arizona Revised Statutes; relating to law enforcement officers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 38-1104, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1104.  Discipline of law enforcement officers; recovery of costs; definitions

A.  A law enforcement officer shall not be subject to disciplinary action except for just cause.

B.  Subsection A of this section does not apply to any law enforcement officer who has not completed an initial probationary period if a probationary period is required by the employer or to a dismissal that is for administrative purposes, including a reduction in force.

C.  This section does not preempt agreements that supplant, revise or otherwise alter the provisions of this section, including preexisting agreements, between the employer and the law enforcement officer's lawful representative association.

D.  A law enforcement officer who is subject to disciplinary action without just cause being established may recover all costs, including attorney fees, associated with any legal proceeding held to establish the officer's innocence of the alleged misconduct.  A court of competent jurisdiction may award punitive damages if it determines that the allegations against the officer were made with the intent to terminate the officer's employment or reduce the officer's credibility before a court or any administrative board.  To establish this intent, the officer must establish, by a preponderance of the evidence, that the allegations brought against the officer were knowingly and intentionally filed without just cause.

D.  e.  For the purposes of this section:

1.  "Disciplinary action" has the same meaning prescribed in section 38‑1101.

2.  "Just cause" means:

(a)  The employer informed the officer of the possible disciplinary action resulting from the officer's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the officer or the conduct was such that the officer should have reasonably known disciplinary action could occur.

(b)  The disciplinary action is reasonably related to the standards of conduct for a professional law enforcement officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the officer's fitness for duty.

(c)  The discipline is supported by a preponderance of evidence that the conduct occurred.

(d)  The discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record.

3.  "Law enforcement officer" means:

(a)  An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district, a reserve police officer, a volunteer or a person who is otherwise exempted by an existing merit system.

(b)  A correction officer or detention officer, excluding a juvenile detention officer, who is employed by this state or a political subdivision of this state.

(c)  A regularly appointed and paid deputy sheriff of a county.

(d)  A regularly employed police officer in a city or town. END_STATUTE