ARIZONA HOUSE OF REPRESENTATIVES

SB 1260: law enforcement officers; interviews; rights

PRIME SPONSOR: Senator Borrelli, LD 5

BILL STATUS: Federalism, Property Rights & Public Policy

Abstract

Relating to law enforcement officer interviews in administrative investigations.

Provisions

1. Permits an LEO's representative to take notes during an interview. (Sec. 1)

2. Allows an LEO, their representative or attorney to use interview notes only to defend the officer in an investigation or a disciplinary matter. (Sec. 1)

3. Specifies that notes taken by the LEO, their representative or attorney do not constitute an official record of the interview. (Sec. 1)

4. Allows an LEO to discuss the interview with their representative or attorney. (Sec. 1)

5. Permits the employer to subject an LEO or their representative, if from the same agency, to disciplinary action when the LEO, their representative or attorney releases information without authorization. (Sec. 1)

6. Permits a witness LEO's representative to take notes during an interview. (Sec. 2)

7. Allows the witness LEO, the witness LEO's representative or that representative's legal counsel to use the representative's notes only to defend the officer in any investigation or disciplinary matter. (Sec. 2)

8. Specifies that notes taken by the witness LEO's representative or that representative's legal counsel do not constitute an official record of the interview. (Sec. 2)

9. Makes technical changes. (Sec. 1)

Current Law

An LEO is permitted to request a representative be present in an interview during an administrative investigation that could lead to the officer's dismissal, demotion or suspension. The LEO must select a representative who is available on reasonable notice so the interview is not unreasonably delayed. The representative must participate in the interview only as an observer. Unless the employer agrees, the representative cannot be an attorney and must be from the same agency. If a representative from the same agency is not reasonably available and the employer gives permission, the representative can be from the LEO's professional membership organization (A.R.S. § 38-1104).

If an LEO is designated by the employer as a witness in the investigation, that LEO is permitted to request a representative during the witness interview. Unless agreed to by the employer, the representative cannot be an attorney and must be from the same agency. If a representative from the same agency is not reasonably available and the employer gives permission, the representative can be from the witness officer's professional membership organization. The witness LEO can discuss the witness interview with their representative or that representative's legal counsel. If the witness LEO or their representative release information without authorization, the employer can use disciplinary action (A.R.S. § 38-1105).

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Fifty-third Legislature                  SB 1260

Second Regular Session                                                                 Version 1: Federalism, Property Rights & Public Policy

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