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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
employment; law enforcement; attorney general
Purpose
Requires the Attorney General (AG), notwithstanding any other law, to investigate violations of prohibited personnel practices taken against law enforcement officers.
Background
It is a prohibited personnel practice for an employee who has control over personnel actions (employer) to take reprisal against an employee for disclosing information to a public body that relates to a matter of public concern and the employee reasonably believes that the information evidences: 1) a violation of any law; or 2) mismanagement, a gross waste of monies or an abuse of authority. The disclosure by an employee to a public body with these allegations must contain specified information, including the nature of the alleged violation and, if possible, the date or range of dates on which the alleged violation occurred. Knowingly committing a prohibited personnel practice carries specified penalties, including paying a civil penalty up to $5,000, which must be paid by the employee who committed the violation and not the governmental entity, as well as the restoration of lost pay and benefits (A.R.S. § 38-532).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the AG to investigate violations of prohibited personnel practices taken against law enforcement officers, notwithstanding any other law.
2. Requires the AG, if the employee is a law enforcement officer, to order an employer who knowingly commits a prohibited personnel practice to pay a civil penalty of up to $5,000.
3. Allows an employee who is a law enforcement officer and who believes that a personnel action taken against them to make a complaint to the AG.
4. Requires the AG, if a complaint is made by a law enforcement officer, to make a determination concerning the validity of the complaint, and whether the prohibited personnel practice was committed against the law enforcement officer as a result of disclosure of information by the law enforcement officer.
5. Requires the AG, if it determines that a prohibited personnel practice was committed as a result of disclosure of information by the law enforcement officer, to rescind the personnel action and order that all lost pay and benefits be returned to the law enforcement officer.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/cs