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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
law enforcement officers; probation; termination
Purpose
Modifies the permissive authority of an employer to terminate promoted or transferred law enforcement officers and police recruits under specified conditions and asseverates that an employer may 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. 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. ยงยง 38-1101 and 38-1103).
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 above the officer's current rank 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. Allows an employer to terminate the following for failing to satisfactorily complete the initial probationary period:
a) a police recruit who is promoted to a law enforcement officer; and
b) a law enforcement officer who is laterally transferred.
5. Excludes, from the requirements prescribed for internal investigations, probation and termination, a police recruit who is promoted to a law enforcement officer after graduating from the police academy in which the police recruit was trained.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Specifies that an employer may not terminate a law enforcement officer who is promoted above the officer's current rank for failing to complete the probationary period.
2. Authorizes an employer to terminate a promoted police recruit and laterally transferred law enforcement officer as prescribed.
3. Adds an exemption for police recruits who are promoted to law enforcement officer after graduating from a police academy.
4. Makes technical and conforming changes.
Senate Action House Action
PS 2/12/25 DP 5-1-1 PSLE 3/17/25 DPA 9-5-0-1
3rd Read 2/27/25 17-12-1 3rd Read 4/10/25 42-17-1
Prepared by Senate Research
April 10, 2025
KJA/AG/slp