ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: PS DP 5-1-1-0 | 3rd Read 17-12-1-0

House: PSLE DPA 9-5-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1461: law enforcement officers; probation; termination

Sponsor: Senator Payne, LD 27

Caucus & COW

Overview

Details that an employer cannot terminate, but can demote, a law enforcement officer who is promoted and placed on probationary status for failing to complete their probation period.

History

Administrative rights of peace officers are outlined in Title 38, Chapter 8, Article 1. A law enforcement officer is not subject to disciplinary action except for just cause. Unless the dismissal or demotion is for administrative purposes, including a reduction of force or the law enforcement officer was employed as an at-will employee (A.R.S. § 38-1101 et al.).

Just cause is: 1) the employer informed the law enforcement officer of the possible disciplinary actions resulting from conduct through agency materials so the officer should have reasonably known disciplinary action could occur; 2) the disciplinary action is reasonably related to the standards of conduct for a professional law enforcement officer; 3) the discipline is supported by a preponderance of evidence that the conduct occurred; and 4) the discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record (A.R.S. § 38-1101).

Provisions

1.   Restricts an employer from terminating a law enforcement officer who is promoted and placed on probationary status for failing to satisfactorily complete their probation period. (Sec. 1)

2.   Permits an employer to demote a law enforcement officer in place of termination as outlined. (Sec. 1)

3.   Stipulates that an employer can terminate a law enforcement officer at any time with just cause. (Sec. 1)

4.   Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Public Safety & Law Enforcement

1.   Specifies that for the termination restriction:

a)   it applies to a law enforcement officer who is promoted above their current rank; and

b)   a law enforcement officer, when placed on probation, can be demoted with cause for an unsatisfactory performance rating.

2.   Details that the termination restriction does not apply to a police recruit promoted from the police academy.

3.   Adds that an employer can terminate a law enforcement officer who is laterally transferred on an initial probation period and failed to complete their probation period.

4.   Makes a conforming change.

5.    

6.    

7.   ---------- DOCUMENT FOOTER ---------

8.                     SB 1461

9.   Initials MT           Page 0 Caucus & COW

10.   

11.  ---------- DOCUMENT FOOTER ---------