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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
law enforcement officers; probation; termination
Purpose
Prohibits an employer from terminating a law enforcement officer under specified conditions, allows the employer to demote the officer and allows an employer to terminate an officer at any time with just cause.
Background
A law enforcement officer is not subject to disciplinary
action except for: 1) just cause;
2) a dismissal or demotion that is for administrative purposes, including a
reduction in force; and 3) a law enforcement officer who is employed by a state
agency as an at will employee (A.R.S.
§ 38-1103). Just cause occurs when: 1) the employer informed the law
enforcement officer of the possible disciplinary action resulting from the
officer's conduct through agency manuals, employee handbooks, the employer's
rules and regulations or other communications to the officer or the conduct was
such that 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, the mission of the agency,
the orderly, efficient or safe operation of the agency or the officer's fitness
for duty; 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an employer from terminating a law enforcement officer who is promoted and placed on probationary status for failing to satisfactorily complete the officer's probationary period.
2. Allows an employer to demote a law enforcement officer who is promoted and placed on probationary status for failing to satisfactorily complete the officer's probationary period.
3. Allows an employer to terminate a law enforcement officer at any time with just cause.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
KJA/AG/slp