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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
peace officers; investigator membership requirements
Purpose
Requires at least two-thirds of the membership of specified entities that investigate law enforcement officer (officer) misconduct to be Arizona Peace Officer Standards and Training (AZPOST) Board-certified officers.
Background
The AZPOST Board
consists of 13 members appointed by the Governor (A.R.S.
§ 41-1821). The AZPOST Board is statutorily charged with prescribing
minimum qualifications for officers. Further, the AZPOST Board establishes
minimum courses of training and minimum standards for training facilities for
officers (A.R.S.
§ 41-1822). Statute defines law enforcement officer as: 1) an
individual, other than a probationary employee, who is certified by the AZPOST
Board, other than a person employed by a multi-county water conservation
district; 2) a detention or corrections officer, other than a probationary
employee or juvenile detention officer, who is employed by Arizona or a
political subdivision of Arizona; 3) a non-probationary regularly appointed and
paid deputy sheriff of a county; or 4) a non-probationary regularly employed
police officer in a city or town (A.R.S.
§ 38-1101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires at least two-thirds of the voting membership of any government committee, board or entity to be AZPOST-Board-certified officers who are from the same department or agency as the officer who is the subject of an investigation or disciplinary action if the committee, board or entity:
a) investigates officer misconduct;
b) influences the conduct of, or certificates, officer misconduct investigations; or
c) recommends disciplinary actions for officer misconduct.
2.
Prohibits, if the committee, board or entity consists of non-voting
members, more than
one-third of the members be non-voting members.
3. Allows, if a committee, board or entity does not meet the statutory requirements, a supervisor, department or agency head that supervises an officer to investigate and impose discipline for an officer's misconduct if the supervisor, department or agency head acts independently of the committee, board or entity.
4. Exempts a governmental review committee, board or entity that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action from statutory requirements.
5. Exempts the AZPOST Board from the statutory membership requirements of the bill.
6. Becomes effective on the general effective date.
House Action
MAPS 2/15/21 DP 7-6-0-1
3rd Read 3/4/21 31-28-1
Prepared by Senate Research
March 23, 2021
JA/kja