Assigned to GOV AS
PASSED BY COMMITTEE
Assigned to GOV AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
law enforcement officers; interviews; rights
Purpose
Permits a representative of a law enforcement officer (officer) to take notes during an interview for an administrative investigation and establishes restrictions.
Background
Statute allows an officer to request a representative of the officer to be present at an interview during an administrative investigation that could result in dismissal, demotion or suspension.
The officer must select a representative who is available on reasonable notice so the interview is not unreasonably delayed (A.R.S. § 33-1104). The representative is not an attorney, unless otherwise agreed, and must be from the same agency, except if someone is not available they can be from the officer's professional membership organization. An employer is prohibited from disciplining, retaliating or threatening to retaliate against an officer for requesting a representative be present.
Additionally, if an officer is a designated witness by their employer in an investigation that could result in dismissal, demotion or suspension of another officer, the witness officer can request to have a representative present during the witness interview. The representative is not an attorney and must be from the same agency, except if someone is not available, the representative can be from the witness officer's professional membership organization (A.R.S. § 33-1105).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the officer's representative to take notes during the interview.
2. Allows the officer to discuss the interview with their representative or attorney.
3. Permits the officer, their representative and attorney to use the interview notes only to defend the officer in an investigation or a disciplinary matter.
4. Specifies if the officer, representative or attorney releases information without authorization, the employer may use disciplinary action against the officer or their representative, if they are from the same agency.
5. Allows the witness officer's representative to take notes during the interview.
6. Permits the witness officer, their representative or that representative's legal counsel to use the representative's notes only to defend the officer in any investigation or disciplinary matter.
7. Specifies that notes taken by the officer or witness officer, their respective representatives, the officer's attorney or the representative's legal counsel do not constitute an official record of the interview.
8. Makes technical changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adds that notes taken by the entities as outlined do not constitute an official record of the interview.
Senate Action
GOV 2/14/18 DPA 6-1-0
Prepared by Senate Research
February 15, 2018
JO/lat