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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
House: MAPS DP 14-0-0-0 | 3rd Read 45-13-1-1Senate: MAPS DP 7-0-0-0 | 3rd Read 20-8-2-0 |
HB 2322: peace officers; discipline; modification
Sponsor: Representative Payne, LD 27
Transmitted to the Governor
Overview
Expands the types of evidence the Law Enforcement Merit System Council (LEMSC) may use to recommend modification of disciplinary action toward an employee.
History
LEMSC reviews: 1) classification and compensation plans; 2) employee selection, promotion, disciplinary and dismissal procedures; 3) performance appraisal systems; 4) standards and qualifications for covered Arizona Department of Public Safety and Arizona Peace Officers Standards and Training Board employees; and 5) hours of employment. LEMSC also conducts appeal hearings for disciplinary actions taken against a classified employee (A.R.S. § 41-1830.12). LEMSC consists of five members, no more than three of which may belong to the same political party (A.R.S. § 41-1830.11).
LEMSC is authorized to submit a recommendation regarding a
disciplinary action to an employer agency if the agency cannot show that it had
just cause to discipline the employee by a preponderance of the evidence. The agency
head may accept, modify, reverse or reject LEMSC’s decision or recommendation. Statute
specifies that an agency head must accept the recommendation unless it is
arbitrary or without reasonable justification. Any party may appeal a
determination made by LEMSC or an employer to the superior court (A.R.S. 
41-1830.16).
Provisions
1. Expands what LEMSC may recommend modification of a disciplinary action to include:
a) evidence presented by the employee or employing agency;
b) any legal basis brought in the appeal; and
c) any other facts or circumstances offered for LEMSC's consideration. (Sec. 1)
2. Makes technical changes. (Sec. 1)
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HB 2322
Initials NM/TM Page 0 Transmitted
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