 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
law enforcement officers; polygraph; examinations
Purpose
Prohibits an employer from administering a polygraph examination during an administrative investigation involving a law enforcement officer (officer). Outlines changes to the internal investigation and disciplinary action appeals process and the standard for officer fitness for duty examinations.
Background
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. All data and reports from a polygraph examination of an officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters, except for a preemployment polygraph 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 examination of an officer must be destroyed as soon as practicable within 3 years after the date of appointment or employment but not more than 90 calendar days after that date. This does not apply to an officer who is employed by an agency of Arizona as an at will employee (A.R.S. § 38-1108).
An employer may order an officer to submit to a physical exam only if an officer has acted or failed to act in an observable manner that indicates that there is a physical condition materially limiting the officer's ability to perform the essential functions of the officer's job within the officer's job description. The order for an exam must provide at least 10 calendar days' notice to the officer to be examined and must specify the time, place, manner, conditions and scope of the exam and the person or persons who will conduct the exam. The officer may have a representative present during the exam if the physician conducting the exam agrees (A.R.S. § 38-1112).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an employer from administering a polygraph examination to an officer in administrative investigations.
2. Removes the requirement for an officer to submit a polygraph examination if the officer has made conflicting statements during an administrative investigation.
3. Removes the requirement for an audio recording of the complete polygraph procedure to be made and provided to an officer.
4. Removes the exception for a polygraph exam to be performed in the case of an active investigation.
5. Allows the hearing officer, administrative law judge or appeals board to consider violations of administrative investigation procedures as mitigation in determining discipline.
6. Requires an employer to issue a notice of the findings to an officer if, in an investigation involving multiple officers, evidence is discovered that exonerates the officer or fails to sustain any wrongdoing.
7. Allows the employer to continue to order an officer to not discuss or disclose any information regarding the investigation with the exception with the officer's legal counsel, spouse, representative or medical provider.
8. Allows an employer to order a psychological or behavioral examination, in addition to a physical examination, if the officer has acted or failed to act in an observable manner that indicates that there is a physical, psychological or behavioral condition materially limiting the officer's ability to perform the function of the officer's job within their job description.
9. States that if an officer is a danger to self or others, a 10-day notice for the officer's pending psychological examination is not required
10. Allows, in addition to licensed physicians and medical professionals, licensed psychologists and psychiatrists or any licensed individual who provides a behavioral, physical, psychological evaluation or opinion on an officer to perform specified functions related to physical, psychological or behavioral examinations of officers.
11. Requires the employer to provide the officer that was examined the final report of the examination containing the professional's findings within five business days of receiving the report.
12. Requires a professional to consider and report only the officer's medical or other records that are directly relevant to the actions in question for preemployment physical, behavioral and psychological exams.
13. Defines professional as any licensed physician, psychologist or psychiatrist or any licensed individual who provides a behavioral, physical or psychological evaluation or opinion on an officer.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
House Action
MAPS 1/18/22 DP 15-0-0-0
3rd Read 2/15/22 55-4-1
Prepared by Senate Research
March 1, 2022
ZD/HK/sr