Strike everything after the
enacting clause and insert:
"Section 1. Title 38, chapter 8, article
1, Arizona Revised Statutes, is amended by adding section 38-1103, to read:
38-1103. Discharge and discipline of law
enforcement officers; definitions
A. A law enforcement officer shall not be subject to
disciplinary action except for just cause.
B. Subsection
a of this section does not apply to any law enforcement officer who has not
completed an initial probationary period as a law enforcement officer if a
probationary period is required by the employer or to a dismissal that is for administrative
purposes, including a reduction in force.
C. This
section does not preempt agreements, including preexisting agreements, between
the employer and any law enforcement officers' lawful representative
association.
D. For the
purposes of this section:
1. "disciplinary
action" has the same meaning prescribed in section 38‑1101.
2. "just
cause" means:
(a) The officer's conduct was such
that the officer should have reasonably known disciplinary action could occur
or the employer informed the officer of the possible disciplinary action
resulting from the officer's conduct through any of the following:
(i) agency manuals.
(ii) Employee handbooks.
(iii) The employer's rules and
regulations.
(iv) Other communications to the
officer.
(b) The disciplinary action is
reasonably related to any of the following:
(i) the standards of conduct for a
professional law enforcement officer.
(ii) the mission of the agency.
(iii) The orderly, efficient or safe
operation of the agency.
(iv) the officer's fitness for duty.
(c) The discipline is supported by a
preponderance of evidence that the conduct occurred.
(d) The discipline is not excessive
and is reasonably related to the seriousness of the offense and the officer’s
service record.
3. "law
enforcement officer" means:
(a) An individual who is certified
by the Arizona peace officer standards and training board, other than a person
employed by a multi-county water conservation district or not otherwise
exempted by any existing merit system.
(b) A detention officer, other than
a juvenile detention officer, or correction officer who is employed by this
state or a political subdivision of this state.
Amend title to conform