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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
disciplinary appeals; final disposition reporting
Purpose
Outlines requirements for the dissemination of the final disposition of a law enforcement officer's (officer's) disciplinary action appeal.
Background
Within 14 calendar days after the employer's receipt of a written request from the officer for a copy of the investigative file that is accompanied by a copy of the filed notice of appeal, the employer must provide a complete copy of the investigative file as well as the names and contact information for all persons interviewed during the course of the investigation
The law enforcement officer or the employer, within 10 calendar days after the appointment of the hearing officer or administrative law judge, may request a change of hearing officer or administrative law judge. If an alternate hearing officer is requested by means of an interagency agreement, the hearing officer must provide to the law enforcement officer or employer the option of continuing the hearing for an additional 10 calendar days. Any subsequent requests may be granted only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer or administrative law judge. The supervisor or supervising body of the hearing officer or administrative law judge must decide whether a showing of prejudice has been made (A.R.S. § 38-1106).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, immediately after the officer receives the final disposition of an appeal of a disciplinary action, the administrative law judge, hearing officer or presiding authority to provide a final disposition report that includes the final disposition and any amended findings of fact to the law enforcement agency that initiated or imposed the discipline.
2. Requires a law enforcement agency that receives a final disposition report to include the final disposition report in the law enforcement agency's original investigation record.
3. Requires the law enforcement agency to forward the final disposition report to the applicable prosecuting agency, if the law enforcement agency provided the prosecuting agency with information that was obtained during the investigation of the officer, for inclusion in the prosecuting agency's Rule 15.1 database.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/14/22 DP 14-0-0-1
3rd Read 2/23/22 59-0-1
Prepared by Senate Research
March 8, 2022
ZD/HK/sr