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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
House: MAPS DPA 15-0-0-0 | 3rd Read 55-4-1-0Senate: JUD DP 8-0-0-0 | 3rd Read 27-0-3-0 Final Pass: 51-5-4-0 |
HB 2159: law enforcement officers; polygraph; examinations
Sponsor: Representative Kavanagh, LD 23
Transmitted to the Governor
Overview
Outlines changes to the internal investigation and disciplinary action appeals process for law enforcement officers (LEO). Makes changes to the standard for LEO fitness for duty (FFD) examinations (exams). Prohibits polygraph exams during an administrative investigation against an LEO.
History
Currently, an employer may require a LEO to submit to a polygraph exam if the officer makes a contradictory statement during an administrative investigation (A.R.S. § 38-1104).
Peace Officers currently have the right to the following exceptions regarding polygraph exams:
1) The results of the exam may not be the basis for disciplinary action unless other corroborating evidence or information exists to support the disciplinary action;
2) All data and reports from the exam are confidential; and
3) The data and reports from a polygraph exam shall be destroyed no later than three years and 90 days after the date of the polygraph exam appointment (A.R.S. § 38-1108).
Regardless of the number of LEOs involved in an investigation, an employer must make a good faith effort to complete any investigation of employee misconduct within one hundred eighty calendar days after the employer receives an allegation of misconduct. The investigation is considered complete on the date the employee is served with a notice of findings (A.R.S. § 38-1110).
An employer may currently only order an LEO to submit to a physical FFD exam, and the LEO subject to the FFD exam may have a representative present if the physician conducting the exam agrees (A.R.S. 38-1112).
The employer shall provide the LEO with the final FFD report, no time limit is specified in statute (A.R.S. § 38-112).
During the conduct of an FFD exam, the physician may consider and report on only the LEO's medical or other records that are directly relevant to the actions in questions, including records that record preexisting conditions (A.R.S. 38-1112).
Provisions
2. States a hearing officer, administrative law judge or appeals board may only take appeals procedural violations into account as mitigation in determining discipline. (Sec. 4)
3. Removes the option for a LEO to request a polygraph exam when subject to an administrative investigation. (Sec. 5)
4. Requires an employer to issue a notice of findings to an individual LEO who, as a part of investigation involving multiple LEOs, was exonerated through the course of the investigation. (Sec. 6)
5. States that following issuing a notice of findings, the employer may continue to order a LEO to not discuss information regarding an investigation except with the LEO's legal counsel, spouse, representative or medical provider. (Sec. 6)
6. Adds a psychological or behavioral exam to a LEO FFD exam. (Sec. 7)
7. States that an employer is not required to give a 10-day notice prior to a psychological FFD exam if the LEO is a danger to himself or others. (Sec. 7)
8. Specifies that the LEO can choose a representative, including a spouse, to observe the FFD exam if the professional conducting the exam agrees. (Sec. 7)
9. Requires an employer to provide the results of a mandated FFD exam to the LEO within five business days after receiving the final report. (Sec. 7)
10. Adds preemployment physical, behavioral and mental evaluations as relevant records for consideration in an FFD exam. (Sec. 7)
11. States the statutory definition of a nonfederally qualified abortion. (Sec. 1)
12. Modifies the definition of preexamination materials. (Sec. 7)
13. Defines professional. (Sec. 7)
14. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7)
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HB 2159
Initials FK Page 0 Transmitted
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