House Engrossed Senate Bill |
State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1368 |
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AN ACT
amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38-1105; relating to probation officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1105, to read:
38-1105. Discipline for probation officers; definitions
A. A probation officer shall not be subject to disciplinary action except for just cause.
B. Subsection A does not apply to any probation 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. 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 probation officer of the possible disciplinary action resulting from the probation officer's conduct through department manuals, employee handbooks, rules and regulations that apply to probation officers or other communications to the probation officer or the conduct was such that the probation officer should have reasonably known disciplinary action could occur.
(b) The disciplinary action is reasonably related to the professional standards for a probation officer, the mission of the department, the orderly, efficient or safe operation of the department, the safety of the public or the probation 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, the probation officer's service record or any other relevant factor.
3. "Probation officer" means a probation officer or surveillance officer who is employed by this state or any political subdivision of this state.