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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
law enforcement officers: AZPOST
Purpose
Modifies, retroactive to January 1, 2021, the membership and voting requirements of specified entities that investigate law enforcement officer misconduct.
Background
Statute requires the voting membership of any government committee, board or entity that investigates officer misconduct, influences the conduct of investigations or recommends disciplinary action to consist of at least two-thirds Arizona Peace Officer Standards and Training (AZPOST) Board-certified law enforcement officers. If the entity consists of nonvoting members, not more than one-third of the members may be nonvoting members. This membership requirement does not apply to the AZPOST Board or an entity that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action (A.R.S. § 38-1117).
Laws 2021, Chapter 403 further required that, in addition to a government committee, board or entity, a government agency or department that investigates law enforcement officer misconduct must meet the two-thirds membership requirement, or that any single person who investigates law enforcement officer misconduct must be an AZPOST Board-certified law enforcement officer. It also stated that setting and maintaining standards of professionalism and integrity of law enforcement officers in Arizona is of statewide concern. This legislation, however, is not currently in effect.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires two-thirds of the members, staff, employees or seats, rather than the voting membership, of any government agency, department or office, in addition to any government committee, board or entity, that investigates law enforcement officer misconduct to consist of AZPOST Board-certified law enforcement officers.
2. Removes the requirement that, if a government committee, board or entity that investigates law enforcement officer misconduct consists of non-voting members, not more than one-third of the members be non-voting members.
3. Requires a majority vote for any findings or recommendations from any government committee, board, agency, department, office or entity to:
a) investigate law enforcement officer misconduct;
b) influence the conduct of or certify law enforcement officer misconduct investigations;
c) recommend disciplinary action for law enforcement officer misconduct; and
d) impose discipline for law enforcement officer misconduct.
4. Exempts all of the following from membership and voting requirements:
a) a person or government committee, board, agency, department, office, civil service board or entity that only reviews certain actions related to law enforcement officer investigations;
b) the AZPOST Board;
c) a
multijurisdictional law enforcement agency, task force or a similar entity that
is charged with investigating the use of force by law enforcement officers, if
at least
two-thirds of the membership of the entity consists of AZPOST Board-certified
law enforcement officers; and
d) an entity that investigates federal employment discrimination.
5. Defines members, staff, employees or seats as any person who participates in:
a) investigating law enforcement officer misconduct;
b) influencing the conduct or certification of law enforcement officer misconduct investigations;
c) recommending disciplinary actions for law enforcement officer misconduct; and
d) imposing discipline for law enforcement officer misconduct.
6. States that members, staff, employees or seats does not include support or administrative staff or any person who only reviews the actions of the remainder of the government committee, board, agency, department office or entity.
7. Repeals certain provisions of Laws 2021, Chapter 403 relating to the expansion of the two-thirds membership requirement and the standards of professionalism and integrity of law enforcement officers being of statewide concern.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date, retroactive to January 1, 2021.
Amendments Adopted by Committee of the Whole
· Exempts both of the following from the requirements that various government entities which recommend disciplinary action for law enforcement officer misconduct consist of two-thirds law enforcement officers and that such entities only take disciplinary actions by majority vote:
a) a civil service board that only reviews law enforcement disciplinary actions; and
b) an entity that investigates federal employment discrimination.
House Action Senate Action
MAPS 2/14/22 W/D JUD 3/17/22 DP 5-3-0
APPROP 2/21/22 DP 8-5-0-0
3rd Read 2/24/22 31-28-1
Prepared by Senate Research
June 20, 2022
ZD/sr