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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
internal investigations; notice; confidentiality
Purpose
Requires an employer to provide relevant materials to a law enforcement officer at least 24-hours before an interview for an administrative investigation, except as specified.
Background
If an employer interviews a law enforcement officer in the course of an administrative investigation that could reasonably result in dismissal, demotion or suspension, the officer may request a representative be present during the interview. The law enforcement officer's representative must be available on reasonable notice, participate only as an observer and, unless agreed to by the employer, be an employee from the same agency and may not be an attorney.
Before the commencement of an interview, the employer must provide the law enforcement officer with a written notice and any relevant and readily available materials, including complaints that contain the alleged facts, except for complaints that include allegations of unlawful discrimination, harassment or retaliation or involve matters under the jurisdiction of the U.S. Equal Employment Opportunity Commission (A.R.S. § 38-1104).
A law enforcement officer is an individual certified by the Arizona Peace Officer Standards and Training Board, a detention or corrections officer that is employed by the state or a subdivision of the state, a regularly appointed and paid deputy sheriff of a county or a regularly employed police officer in a city or town, excluding specified probationary employees, juvenile detention officers and persons employed by a multi-county water conservation district (A.R.S. § 38-1101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an employer to provide any relevant and readily available materials to a law enforcement officer at least 24 hours before an interview for administrative investigation.
2. Specifies that the 24-hour requirement does not apply when:
a) the requirement is waived by the law enforcement officer;
b) the employer determines that the interview should be conducted earlier to protect the integrity of the officer's statement; or
c) the circumstances or evidence that will be offered at the interview require the interview to be completed 24 hours after a major law enforcement incident.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the prohibition on an employer compelling a law enforcement officer to disclose any communication between the officer and the officer's representative before, during or after an administrative interview.
2. Adds exceptions to the 24-hour requirement.
Senate Action
PS 2/19/25 DPA 7-0-0
Prepared by Senate Research
February 24, 2025
KJA/AG/slp