SB1467 - 521R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 38-1003, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1003. Powers and duties of council

The council, pursuant to recognized merit system principles of public employment, shall from time to time:

1. Classify or reclassify all positions occupied by law enforcement officers within the branch of government employing the officer and recommend schedules of salary and other compensation payable for the officer classification.

2. Fix and refix standards and qualifications of all positions so classified.

3. Provide a plan for fair and impartial selection, appointment, retention and separation or removal from service by resignation or dismissal of all classified law enforcement officers. The provisions of Paragraph 4 of this section shall apply to appointments.

4. Provide a plan for promotion of law enforcement officers which that shall give appropriate consideration to qualifications, record of performance, seniority and conduct within the field of law enforcement. Vacancies within a department shall be filled whenever possible by promotion within a department and shall be on the basis of competitive examination. If a vacancy occurs within a department the council, upon on request, shall certify to the head of the department the names of five officers in the order of their relative excellence in the competitive examination from which certified list the appointment or promotion may be made.

5. Adopt rules necessary for the orderly administration of the provisions of this article.

6. Hear and review appeals from any order of the department head in connection with suspension, demotion or dismissal of a classified law enforcement officer. Any appeal must comply with the requirements of chapter 8 of this title. If the order of the department head was for a any suspension greater than sixteen hours, demotion or dismissal and the council exonerates the officer, the council may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The award of attorney fees by the council shall not exceed ten thousand dollars. An award of attorney fees does not apply if either of the following applies:

(a) The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.

(b) The disciplinary action related to off‑duty activities unrelated to the required duties of the law enforcement officer. The council's determination shall be final except on appeal as provided in section 38‑1004. If the department head appeals the decision of the council, the council's award of any costs or attorney fees to an officer shall be stayed pending the conclusion of the appeal. If the department head's decision is upheld on appeal, the award of costs or attorney fees in favor of the officer shall be reversed. END_STATUTE

Sec. 2. Section 38-1004, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1004. Appeals; hearings

A. A classified law enforcement officer who is suspended, demoted or dismissed by the department head, after a hearing and review before the merit system council, may have the determination of the council reviewed pursuant to title 12, chapter 7, article 6 in the superior court of the county in which the law enforcement officer resides. If the determination of the council is overruled by the court, the law enforcement officer shall be reinstated in the officer's position and the officer shall be reimbursed for any compensation withheld pending determination by the council and court.

B. If the order of the department head was for a any suspension greater than sixteen hours, demotion or dismissal and the court exonerates the officer, the court may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in the court proceedings. The award of attorney fees by the court shall not exceed fifteen thousand dollars. An award of attorney fees does not apply if either of the following applies:

1. The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.

2. The disciplinary action related to off‑duty activities unrelated to the required duties of the law enforcement officer. If the department head appeals the decision of the court, the court's award of any costs or attorney fees to an officer shall be stayed pending the conclusion of the appeal. If the department head's decision is upheld on appeal, the award of costs or attorney fees in favor of the officer shall be reversed.

C. If a law enforcement officer of a county, city or town described in section 38‑1007 appeals from a decision of a department head in connection with the law enforcement officer's suspension greater than sixteen hours, demotion or dismissal and the county, city or town maintains a merit system or civil service plan for its employees, and the merit system or civil service plan appeals board exonerates the officer, the merit system or civil service plan appeals board may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The amount of the award by the merit system or civil service plan appeals board shall not exceed ten thousand dollars. If the department head appeals the decision of the merit system or civil service appeals board, the award of attorney fees shall be stayed pending the conclusion of the appeal. If the officer appeals to court the decision of the merit system or civil service plan appeals board, or of the city or town council or board of supervisors if the city, town or county has no such board, and the court exonerates the officer, the court may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The award of attorney fees by the governing body or court shall not exceed fifteen thousand dollars. An award of attorney fees under this subsection does not apply if either of the following applies:

1. The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.

D. A department head shall have the right to have all council policies and decisions reviewed pursuant to title 12, chapter 7, article 6 in the superior court of the county in which the law enforcement officer resides and legal counsel for the department head shall be provided by the county or city attorney in whose jurisdiction the department lies. END_STATUTE

Sec. 3. Section 38-1101, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1101. Definitions

In this article, unless the context otherwise requires:

1. "Appeal" means the process by which a law enforcement officer contests a disciplinary action, including a hearing before a state or local merit board, a civil service board, an administrative law judge or a hearing officer.

2. "At will" means an employment relationship where either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.

3. 2. "Disciplinary action" means the dismissal, the demotion or any suspension of a law enforcement officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer.

4. 3. "Excusable neglect" means neglect or inadvertence that might be the act of a reasonably prudent person under similar circumstances.

5. 4. "Good faith" means honesty of purpose and absence of intent to defraud.

6. 5. "Investigative file" means the law enforcement agency's complete report and any attachments detailing documents that are in the employer's possession or control that contain the alleged facts, that are relevant to the issues to be determined or that detail the incidents leading to the disciplinary action, including complaints, audio recordings, video recordings, photographs, witness statements and exculpatory and mitigating evidence. Investigative file does not include copies of complaints that are filed with the employer and that include allegations of unlawful discrimination, harassment or retaliation or complaints that involve matters under the jurisdiction of any equal employment opportunity agency.

7. 6. "Just cause" means:

(a) 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.

(b) 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.

(d) The discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record.

8. 7. "Law enforcement officer" means:

(a) An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.

(b) A detention or corrections officer, other than a probationary employee or juvenile detention officer, who is employed by this state or a political subdivision of this state.

(d) A nonprobationary regularly employed police officer in a city or town.

8. "Service record" means the law enforcement officer's performance record for the employer that is imposing the discipline. END_STATUTE

Sec. 4. Section 38-1102, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1102. Peace officers bill of rights; preemption; violation; classification; civil penalty; attorney general; jurisdiction

A. A peace officers bill of rights is established. This article does not preempt agreements that supplant, revise or otherwise deviate from the provisions of this article, including written agreements between the employer and the law enforcement officer or the law enforcement officer's lawful representative association.

B. Unless otherwise provided by law, if a law enforcement officer's rights are denied because a person fails to comply with the requirements of this chapter, the person is guilty of a class 3 misdemeanor and is subject to all of the following:

1. A civil penalty of up to twenty‑five thousand dollars.

2. Attorney fees and costs.

3. Any other damages.

C. The attorney general has jurisdiction to enforce this article. The attorney general may seek relief for any violation of this section through an appropriate civil or criminal action in superior court, including an action to enjoin a threatened or pending violation of this article. END_STATUTE

Sec. 5. Section 38-1103, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1103. Discipline of law enforcement officers; exception

A. A law enforcement officer is not subject to disciplinary action except for just cause.

B. This section does not apply to:

1. a dismissal or demotion that is for administrative purposes, including a reduction in force.

2. A law enforcement officer who is employed by an agency of this state as an at will employee. END_STATUTE

Sec. 6. Section 38-1104, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1104. Internal investigations; employee representative; violation; classification; civil penalty

A. If an employer interviews a law enforcement officer in the course of an administrative investigation and the employer or law enforcement officer reasonably believes that the interview could result in dismissal, demotion or suspension:

1. The law enforcement officer may request to have a representative of the officer present at no cost to the employer during the interview. The law enforcement officer shall select a representative who is available on reasonable notice so that the interview is not unreasonably delayed. The representative shall participate in the interview only as an observer. Unless agreed to by the employer, the representative shall not be an attorney and shall be from the same agency, except that if a representative from the same agency is not reasonably available, with the employer's permission, the law enforcement officer's representative may be from the law enforcement officer's professional membership organization. The law enforcement officer shall be permitted reasonable breaks of limited duration during any interview for telephonic or in person consultation with authorized persons, including an attorney, who are immediately available. An employer shall not discipline, retaliate against or threaten to retaliate against a law enforcement officer for requesting that a representative be present or for acting as the representative of a law enforcement officer pursuant to this paragraph.

2. Not less than one day before the commencement of any interview described in this section, the employer shall provide the law enforcement officer with a written notice informing the officer of the alleged facts that are the basis of the investigation, the specific nature of the investigation, the officer's status in the investigation, all known allegations of misconduct that are the reason for the interview and the officer's right to have a representative present at the interview. The law enforcement officer may retain the written notice that is provided pursuant to this paragraph.

3. The notice provided pursuant to paragraph 2 of this subsection shall include copies of all complaints that are in the employer's possession or control and that contain the alleged facts that are reasonably available, except for copies of complaints that are filed with the employer and that include allegations of unlawful discrimination, harassment or retaliation or complaints that involve matters under the jurisdiction of the equal employment opportunity commission or that are relevant to the issues to be determined, including audio recordings, video recordings and photographs. The employer's duty to disclose continues throughout the investigation and any appeal.

4. The law enforcement officer may audio record the interview.

3. 5. At the conclusion of the interview, the law enforcement officer is entitled to a period of time to consult with the officer's representative and may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview.

B. Subsection A of this section does not require the employer to either:

1. Stop an interview to issue another notice for allegations based on information provided by the law enforcement officer during the interview.

2. Disclose any fact to the law enforcement officer or the law enforcement officer's representative that would impede the investigation.

C. Subsection A, paragraphs 1, and 2 and 3 of this section do not apply to an interview of a law enforcement officer that is:

1. In the normal course of duty, counseling or instruction or an informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other law enforcement officer.

2. Preliminary questioning to determine the scope of the allegations or if an investigation is necessary.

3. 2. Conducted during the course of a criminal investigation.

4. Conducted during the course of a polygraph examination.

D. The employer may require the law enforcement officer to submit to a polygraph examination if the officer makes a statement to the employer during the investigation that differs from other information relating to the investigation that is known to the employer and reconciling that difference is necessary to complete the investigation. If a polygraph examination is administered pursuant to this paragraph, the employer or the person administering the polygraph examination shall make an audio recording of the complete polygraph procedure and provide a copy of the recording to the law enforcement officer. Section 38‑1108 applies to a polygraph examination that is administered pursuant to this subsection.

D. During the course of any administrative investigation, the investigator:

1. May not intentionally misrepresent any material fact or material issue, including any wilful alterations or redactions to relevant documents that are subject to disclosure pursuant to this section.

2. Must ask the law enforcement officer narrowly tailored and specific questions.

E. If, after an employer completes an investigation of a law enforcement officer, the employer seeks intends to seek disciplinary action, at the request of the law enforcement officer, the employer shall:

1. Provide a basic summary of any discipline ordered against any other law enforcement officer of generally similar rank and experience employed by the employer within the previous two years for the same or a similar violation. As an alternative, the employer may provide file copies of the relevant disciplinary cases. The employer shall identical or similar allegations against any law enforcement officer within the previous five years regardless of whether the allegations resulted in discipline.

2. Provide the law enforcement officer with a complete copy of the investigative file.

3. Allow the law enforcement officer fourteen days to review the investigative file and to submit a response or rebuttal to the investigation before any discipline is ordered. The employer may grant extensions to the fourteen‑day period. The law enforcement officer shall return the investigative file to the employer at the time the rebuttal or response is delivered to the employer or at the end of the allotted time period.

4. Not take final action and the employer shall not schedule a hearing until the basic summary or file copies are provided to the law enforcement officer on any discipline until the law enforcement officer's rebuttal or response is considered.

F. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.

F. For the purposes of subsection E of this section, the investigation is considered complete on the date that the employee is served with a notice of findings.

G. The employer shall include all exculpatory evidence in the investigative file. A person who violates this subsection is guilty of a class 3 misdemeanor and is subject to a civil penalty of not less than fifteen thousand dollars and not more than twenty‑five thousand dollars. The law enforcement officer shall be awarded attorney fees and any other damages. The prosecutor shall provide the name of any person who is convicted of a violation of this section to the appropriate entity so that the person's name is included in any Brady v. Maryland list, any law enforcement integrity database list and a rule 15 list. END_STATUTE

Sec. 7. Section 38-1105, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1105. Law enforcement officer as witness; right to representation

A. If a law enforcement officer is designated as a witness by the law enforcement officer's employer in an investigation that could lead to another law enforcement officer's dismissal, demotion or suspension, the witness law enforcement officer may request to have a representative present at no cost to the employer during the witness interview. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney, except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness law enforcement officer's representative may be from the witness law enforcement officer's professional membership organization.

B. The witness law enforcement officer shall must answer all questions asked by the law enforcement officer's department investigator, and information learned during a witness interview is considered proprietary and must remain confidential by the employer and shall remain so until the witness law enforcement officer is served with a notice of investigation by the employer or the witness law enforcement officer is released from the confidentiality requirements of this section until an appeal is requested.

C. The witness law enforcement officer may discuss the law enforcement officer's witness interview with the witness law enforcement officer's representative or that representative's legal counsel. If the witness law enforcement officer or the witness law enforcement officer's representative releases information without authorization, the employer may subject the witness law enforcement officer or the witness law enforcement officer's representative to disciplinary action.

D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. END_STATUTE

Sec. 8. Section 38-1106, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1106. Appeal of disciplinary actions; transcripts; change of hearing officer or administrative law judge; burden of proof; violation; classification; civil penalty

A. A law enforcement officer has the right to appeal any disciplinary action.

A. B. In any appeal of a disciplinary action by a law enforcement officer, the parties shall cooperate with each other, act in good faith and exchange copies of all relevant documents and a list of all witnesses pursuant to the following time periods and requirements:

1. Within fourteen calendar days after the employer's receipt of a written request from the law enforcement officer for a copy of the investigative file that is accompanied by a copy of the filed notice of an appeal, the employer shall provide a complete copy of the investigative file as well as the names and contact information for all persons interviewed during the course of the investigation.

2. No later than fourteen calendar days before the appeal hearing, excluding the date of the hearing and by the end of the business day, the parties shall produce and serve on every party the following information:

(a) The name of each witness whom the disclosing party expects to call at the appeal hearing, with a designation of the subject matter on which each witness might be called to testify. A witness may decline an interview. The parties shall not interfere with any decision of a witness regarding whether to be interviewed. An employer shall not discipline, retaliate against or threaten to retaliate against any witness for agreeing to be interviewed or for testifying or providing evidence in the appeal.

(b) The name and contact information of each person who has given statements, whether written or recorded or signed or unsigned, regarding matters relevant to the notice of discipline and the custodian of the copies of those statements.

C. The hearing may not be scheduled until fourteen days after the investigative file is fully disclosed. Any hearing that is scheduled before full disclosure is automatically continued until full disclosure is completed unless waived in writing by the law enforcement officer.

D. A witness may decline an interview. The parties may not interfere with any decision of a witness regarding whether to be interviewed. An employer may not discipline, retaliate against or threaten to retaliate against any witness for agreeing or declining to be interviewed or for testifying or providing evidence in the appeal.

B. E. It is unlawful for a person to disseminate information that is disclosed pursuant to subsection A of this section to any person other than the parties to the appeal and their lawful representatives for purposes of the appeal of the disciplinary action. This subsection does not prohibit the use of the information in the hearing or disclosure after the hearing pursuant to title 39, chapter 1, article 2.

F. Evidence and exhibits that may be introduced in an appeal hearing may not be provided to a hearing officer, administrative law judge, board or commission before the date of the hearing, unless both parties agree to the disclosure.

G. Hearing officers, administrative law judges, boards and commissions, as public officials, shall take evidence, subpoena witnesses and have the authority provided by sections 12‑2211 and 12‑2212.

C. H. If a transcript is required in an administrative hearing, the employer shall obtain the transcript and provide a copy to the law enforcement officer within ten calendar days after the employer's receipt of the transcript.

D. I. Failure to comply with the requirements of subsection A or B or C of this section shall result in the exclusion of the witness, evidence or testimony, unless the failure to comply is because of excusable neglect.

E. J. The employer or the law enforcement officer may seek a determination by the hearing officer, administrative law judge or appeals board hearing the appeal regarding any evidence that the employer or the law enforcement officer believes should not be disclosed pursuant to subsection A B of this section because the risk of harm involved in disclosure outweighs any usefulness of the disclosure in the hearing. In determining whether evidence will be disclosed, the hearing officer, administrative law judge or appeals board may perform an in camera review of the evidence and may disclose the material subject to any restriction on the disclosure, including the closing of the hearing or the sealing of the records, that the hearing officer, administrative law judge or appeals board finds necessary under the circumstances.

F. K. In any appeal of a disciplinary action by a law enforcement officer in which a single hearing officer or administrative law judge has been appointed to conduct the appeal hearing, the law enforcement officer or the employer, within ten calendar days after the appointment of the hearing officer or administrative law judge, may request a change of hearing officer or administrative law judge. In cases before the office of administrative hearings or if the employer is a county, city or town, on the first request of a party, the request shall be granted. A city or town with a population of less than sixty-five thousand persons or a county with a population of less than two hundred fifty thousand persons must provide, if necessary to comply with this subsection, for an alternate hearing officer by means of an interagency agreement with another city, town or county. If the law enforcement officer is the party who requested the alternate hearing officer, the law enforcement officer shall reimburse the city, town or county for one‑half of any additional expenses incurred by the city, town or county in procuring the alternate hearing officer under the interagency agreement. If an alternate hearing officer is requested by means of an interagency agreement, the hearing officer shall provide to the law enforcement officer or employer the option of continuing the hearing for an additional ten calendar days. Any subsequent requests may be granted only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer or administrative law judge. The supervisor or supervising body of the hearing officer or administrative law judge shall decide whether a showing of prejudice has been made.

G. L. The employer has the burden of proof in an appeal of a disciplinary action by a law enforcement officer.

M. In an appeal of a disciplinary action, the standard of review is a de novo review as to whether the appointing authority has satisfied its burden to establish that there was just cause for the disciplinary action.

H. N. Except where a statute, rule or ordinance makes the administrative evidentiary hearing the final administrative determination and After a de novo review hearing where the law enforcement officer and the employer have been equally allowed to call and examine witnesses, cross‑examine witnesses, provide documentary evidence and otherwise fully participate in the hearing, an employer or a person acting on behalf of an employer may amend, modify, reject or reverse the portion of a decision made by a hearing officer, administrative law judge or appeals board that was arbitrary or without reasonable justification. The employer or person acting on behalf of the employer shall state the reason for the amendment, modification, rejection or reversal appeal any portion of a decision made by the employer that was without just cause may be amended, modified, rejected or reversed.

I. O. Notwithstanding chapter 3, article 3.1 of this title, all hearings pursuant to this section shall be open closed to the public unless the law enforcement officer requests that the hearing be open to the public. Executive sessions permitted pursuant to section 38‑431.03 shall be limited to legal advice to a personnel appeals board or for deliberations.

J. P. A law enforcement officer who prevails in an appeal where a termination has been reversed may shall be awarded retroactive compensation from the date of the officer's separation to the date of reinstatement. The hearing officer, administrative law judge or appeals board hearing the appeal shall determine the amount of retroactive compensation awarded and any reduction to that amount. Retroactive compensation may be reduced:

1. If there is undue delay in setting a hearing date caused by the law enforcement officer or the law enforcement officer's representative.

2. If the law enforcement officer requests a continuance.

3. If there exists a period between separation and reinstatement that the law enforcement officer would have been unable to perform the duties of a law enforcement officer.

4. By any amount earned by the law enforcement officer in alternative employment.

K. Q. The hearing officer, administrative law judge or appeals board shall state in every finding of disciplinary action whether or not just cause existed for the disciplinary action and if the decision is amended, modified, rejected or reversed, the reason for the amendment, modification, rejection or reversal.

L. R. The hearing officer, administrative law judge or appeals board shall document in the record those circumstances where the hearing officer, administrative law judge or appeals board determines that a party has clearly violated a party's obligation under this section.

M. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.

S. If a law enforcement officer's rights are denied because a person fails to comply with the requirements of subsection D, E, F, G or H of this section, the person is guilty of a class 3 misdemeanor and is subject to all of the following:

1. A civil penalty of not less than ten thousand dollars and not more than fifteen thousand dollars.

2. Attorney fees and costs.

3. Any other damages. END_STATUTE

Sec. 9. Section 38-1108, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1108. Lie detector examination; prohibition; exception; definition

A. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action.

A. A law enforcement officer may not be compelled to submit to a lie detector examination for any reason.

B. No disciplinary action or other recrimination may be taken against a law enforcement officer who refuses to submit to a lie detector examination. The employer may not place any comments in the Investigator's notes or in the investigation file that the officer refused or was requested to take a lie detector examination. Evidence that the law enforcement officer refused to take or was subjected to a lie detector examination is not admissible in any judicial or administrative hearing, trial or appeal.

B. C. Notwithstanding section 39‑123, all data and reports from a polygraph lie detector examination of a law enforcement officer are confidential and may be used only for employment preemployment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited.

C. D. Except for a preemployment polygraph lie detector examination after which an applicant was not hired or in the case of an active investigation or an appeal, the data and reports from a polygraph lie detector examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date.

D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.

E. For the purposes of this section, "lie detector examination" means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, to render a diagnostic opinion regarding the honesty or dishonesty of an individual. END_STATUTE

Sec. 10. Section 38-1109, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1109. Confidentiality of records; exception; violation; classification

A. An employer shall not include in that portion of the personnel file of a law enforcement officer that is available for public inspection and copying any information about an investigation until the investigation is complete or the employer has discontinued the investigation.

B. If the law enforcement officer has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process. This subsection does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.

C. A person who violates subsection A of this section is guilty of a class 3 misdemeanor. END_STATUTE

Sec. 11. Section 38-1110, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1110. Time limitation on disciplinary action against law enforcement officer; exceptions

A. An employer shall make a good faith effort to complete any investigation of employee misconduct within one hundred eighty calendar days after the employer receives notice of the allegation by a person authorized by the employer to initiate an investigation of the misconduct. For the purposes of this section, the investigation is considered complete on the date the employee is served with the notice of discipline or the notice of findings, whichever occurs first. If the employer exceeds the one hundred eighty calendar day limit, the employer shall provide the employee with a written explanation containing the reasons the investigation continued beyond one hundred eighty calendar days.

B. The limitation period established by subsection A of this section:

1. Is suspended during the time that any criminal investigation or prosecution is pending in connection with the act, omission or other allegation of misconduct.

2. Is suspended during the period of time in which a law enforcement officer who is involved in the investigation is incapacitated or otherwise unavailable.

3. May be suspended for a period prescribed in a written waiver of the limitation by the law enforcement officer.

4. May be suspended for emergencies or natural disasters during the time period in which the governor has declared a state of emergency within the jurisdictional boundaries of the concerned employer.

5. In a multijurisdictional investigation, may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved.

C. On an appeal of discipline by the employee, a hearing officer, administrative law judge or appeals board may shall dismiss the discipline if it is determined that the employer did not make a good faith effort to complete the investigation within one hundred eighty calendar days. The allegation regarding any act, omission or other misconduct may be sustained, and the employee's record shall reflect that the allegation was sustained but no discipline was administered due to the finding of the hearing officer, administrative law judge or appeals board that the employer did not make a good faith effort to complete the investigation in one hundred eighty calendar days. The sustained discipline may be considered when determining discipline in any future sustained misconduct allegation. If the employer determines that disciplinary action is appropriate, the employer shall complete the employer's investigation and give notice in writing to the law enforcement officer of the employer's intent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable there was a denial of the law enforcement officer's right to due process.

D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. END_STATUTE

Sec. 12. Section 38-1111, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1111. Critical incident stress management team member; privilege; exceptions; violation; classification; definitions

A. Except as provided in subsection B of this section, a critical incident stress management team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a designated person shall not voluntarily disclose or be compelled to disclose that any of the information in a legal proceeding, trial or investigation before the employer, any agency of this state or a political subdivision of this state.

B. Subsection A of this section does not apply if:

1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons.

2. The designated person who received crisis response services gives express consent to the testimony.

3. The communication or advice is made during the course of a criminal investigation.

4. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member may be compelled to testify on the same subject.

5. A breach of department policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement.

C. A person who violates this section is guilty of a class 2 misdemeanor.

C. D. For the purposes of this section:

1. "Crisis response services" means consultation, risk assessment, referral and onsite crisis intervention services provided by a critical incident stress management team to a designated person.

2. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team.

3. "Department" means the branch of government in which a designated person is employed.

4. "Designated person" means an emergency medical provider, firefighter or law enforcement officer.

5. "Emergency medical provider" means municipal or state emergency medical services personnel.

6. "Firefighter" means a municipal or state firefighter.

7. "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.

(b) A detention officer or correction officer, other than a probationary employee, who is employed by this state or a political subdivision of this state. END_STATUTE

Sec. 13. Section 38-1112, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1112. Law enforcement officers; fitness for duty examinations; rights of officers; definitions

A. An employer may order a law enforcement officer to submit to a physical, mental or behavioral examination only if the law enforcement officer has acted or failed to act in an observable manner that indicates that there is a physical condition materially limiting the law enforcement officer's ability to perform the essential functions of the law enforcement officer's job within the law enforcement officer's job description. The order shall state all of the specific objective facts on which the order for the physical exam examination is based except that the order may omit the specific names of individuals who reported the law enforcement officer's conduct to the supervisor.

B. The order shall provide at least ten fourteen calendar days' notice to the law enforcement officer to be examined and shall specify the time, place, manner, conditions and scope of the examination and the person or persons who will conduct the examination. The law enforcement officer to be examined may record the examination and have a representative of the officer's choice, including a spouse, present during the examination if the physician conducting the examination agrees.

C. The employer shall provide the law enforcement officer with the final report of the examination containing the medical professional's findings. The employer may provide any additional information related to the fitness for duty examination to the examining physician professional.

D. The report shall be provided only to the employer and the law enforcement officer and shall not be provided to any other person except as required for any subsequent appeal or certification action involving the law enforcement officer. The employer shall provide notice to the law enforcement officer that the report has been received by the employer. The report shall be provided to the law enforcement officer immediately if the law enforcement officer presents the final report of an independent medical examination or if the law enforcement officer waives any right to request an independent medical examination. If the law enforcement officer does not present the results of an independent medical examination within twenty calendar days after the employer provides notice to the law enforcement officer that the report has been received by the employer, the law enforcement officer is deemed to have waived the right to present the results of the independent medical examination.

E. The employer shall make a reasonable good faith effort to deliver the report to the law enforcement officer.

F. The physician professional may consider and report on only the law enforcement officer's medical or other records, including preemployment physical, behavioral and mental evaluations, that are directly relevant to the actions in question and when conducting the examination, including medical records that record preexisting conditions that are relevant to the examination. The physician professional may additionally consider and report any condition of the law enforcement officer that the physician professional identifies during the course of the physical examination and that endangers the safety of the law enforcement officer or the community.

G. The employer shall not take any final action until after the law enforcement officer has had at least twenty calendar days to review the report unless the law enforcement officer waives the twenty-day period or the employer grants an extension.

H. This section does not prohibit the preexamination materials from being used in any proceeding held pursuant to section 38‑1104.

I. Providing the preexamination materials to the person conducting the independent examination of the law enforcement officer does not change the disclosure requirements under section 38‑1104.

J. I. For the purposes of this section:

1. "Independent medical examination" means an assessment that is requested by a law enforcement officer, that is conducted by a physician who is licensed pursuant to title 32, chapter 13 or 17 and that is used to provide a second, independent opinion of a current law enforcement officer who has been determined to not be able to perform essential functions of the job as a result of observation and a subsequent employer-ordered physical examination.

2. 1. "Law enforcement officer" means:

(a) A regularly employed and paid individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board and who is working in a position requiring certification by the Arizona peace officer standards and training board, other than a person employed by a multi‑county water conservation district, an at-will employee or a voluntary or reserve employee.

(b) A corrections officer or detention officer, other than a juvenile detention officer, who is employed by this state or a political subdivision of this state.

3. 2. "Preexamination materials" means all information or materials, including preemployment materials, that the employer gives to the physician professional who conducts the physical examination and that serve as the basis for the examination.

3. "Professional" means a physician, psychologist or psychiatrist who is licensed pursuant to title 32, chapter 13, 17 or 19.1 and any other licensed individual who provides a behavioral, physical or mental evaluation or opinion on a law enforcement officer subsequent to an employer's order. END_STATUTE

Sec. 14. Section 38-1114, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1114. Health insurance payments for spouse or dependents of law enforcement officer killed in the line of duty; applicability; definitions

A. Notwithstanding any other law, the surviving spouse or a surviving dependent of a deceased law enforcement officer is entitled to receive payments for health insurance premiums from public monies of the employer of the law enforcement officer if the law enforcement officer was killed in the line of duty or died from injuries suffered in the line of duty.

B. The employer shall make payments if the surviving spouse or surviving dependent is enrolled or was enrolled at the time the law enforcement officer was killed in the line of duty or died from injuries suffered in the line of duty in either:

1. The health insurance program of the employer.

2. The health insurance program that is offered by the state retirement system or plan from which the surviving spouse or surviving dependent is receiving benefits.

C. If a surviving spouse or surviving dependent was enrolled in either health insurance program described in subsection B of this section at the time the law enforcement officer was killed in the line of duty or died from injuries suffered in the line of duty and is eligible pursuant to subsection D of this section to receive health insurance premium payments under this section but is no longer enrolled in either health insurance program described in subsection B of this section, the employer shall allow the surviving spouse and any surviving dependent to enroll in the employer's health insurance program to receive health insurance premium payments pursuant to this section.

D. The health insurance premium amount payable by the employer of the deceased law enforcement officer is the amount the employer of the deceased law enforcement officer would pay for an active law enforcement officer for a family coverage premium or single coverage premium, whichever is applicable. Payments shall be discontinued pursuant to this section if:

1. The surviving spouse remarries.

2. The surviving spouse becomes medicare eligible.

3. The surviving spouse dies.

4. For dependent coverage, the person is no longer considered a dependent.

E. If the employer currently pays a greater portion of the health insurance premium for a surviving spouse or a surviving dependent than the required amount prescribed in subsection D of this section, the surviving spouse or surviving dependent shall receive the greater amount as payment toward the surviving spouse's or surviving dependent's health insurance premium.

F. This section applies:

1. To a surviving spouse or a surviving dependent of a deceased law enforcement officer, as defined in subsection G, paragraph 2, subdivision (a), or (b) or (c) of this section, who was killed in the line of duty or who died from injuries suffered in the line of duty on or after April 5, 1933.

2. To a surviving spouse or a surviving dependent of a deceased law enforcement officer, as defined in subsection G, paragraph 2, subdivision (d) (c) of this section, who was killed in the line of duty or who died from injuries suffered in the line of duty on or after April 5, 2013.

3. For the surviving spouse or the surviving dependent who qualifies pursuant to paragraph 1 of this subsection, only to health insurance premiums paid on or after September 13, 2013.

G. For the purposes of this section:

1. "Dependent" means an unmarried child of a deceased law enforcement officer who meets one of the following qualifications:

(a) Is under eighteen years of age.

(b) Is at least eighteen years of age and under twenty-three years of age only during any period that the child is a full-time student.

(c) Is under a disability that began before the child attained twenty‑three years of age and remains a dependent of the surviving spouse or a guardian.

2. "Law enforcement officer" means:

(a) A peace officer who is certified by the Arizona peace officer standards and training board.

(b) A detention officer or corrections officer who, other than a juvenile detention officer, is employed by this state or a political subdivision of this state.

(d) (c) A corrections officer or firefighter with law enforcement authority who works on behalf of this state or a political subdivision of this state through a contract with a private company. END_STATUTE