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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2253: testimony; disciplinary action; prohibition
Sponsor: Representative Weninger, LD 13
Committee on Public Safety & Law Enforcement
Overview
Prohibits an agency, employer or political subdivision from obstructing an employee from, or retaliating against an employee for, providing testimony in a proceeding relating to a law enforcement officer's disciplinary action appeal.
History
Disciplinary action against a law enforcement officer may include the dismissal, demotion or any suspension of the officer as a result of misconduct or unsatisfactory performance. Disciplinary action may only be taken by state law enforcement employers after the completion of an administrative investigation into the officer's conduct that leads to the employer maintaining just cause. In any case, it is within the peace officer's bill of rights that after a notice of any discipline ordered, the officer may appeal the disciplinary action, requiring the employer and officer to cooperate in an appeals process (A.R.S. Title 38, Chapter 8, Article 1).
The appeals process begins with the officer filing a notice of appeal and participating in an exchange with the employer, of all documents and information pertinent to the administrative investigation and the conduct. The name of each witness whom the disclosing party expects to call at the appeal hearing must also be included in the exchange of information. An employer is prohibited from disciplining, retaliating against or threatening to retaliate against any witness for agreeing to be interviewed, for testifying, or providing evidence in the appeal (A.R.S. Title 38, Chapter 8, Article 1).
Additionally, the employer or the law enforcement officer may seek a determination from the assigned hearing officer, administrative law judge or appeals board, regarding any evidence that the party seeking the determination believes should not be disclosed because the risk of harm involved in the disclosure outweighs any usefulness of the disclosure in the hearing. In the determination of the disclosure of evidence, the hearing officer, administrative law judge or appeals board, may choose to disclose the material, subject to any restriction on the disclosure, including the closing of the hearing or the sealing of the records (A.R.S. § 38-1106).
Provisions
1. Prohibits an agency, employer or a political subdivision from taking any retaliatory action against an employee for providing testimony in any proceeding relating to a non-disclosure request of certain evidence due to potential risk or harm. (Sec. 1)
2. Asserts that any action taken by an agency, employer or a political subdivision that attempts to prohibit or obstruct an employee, or a designated subject matter expert employee, from providing testimony in an administrative or judicial proceeding relating to a law enforcement officer's disciplinary action appeal is void and unenforceable. (Sec. 1)
3. Adds a statutory reference to assert the appropriate definition of prosecuting agency's rule 15.1 database. (Sec. 1)
4. Defines retaliatory action as a transfer, reassignment, demotion, reduction in compensation, termination or other adverse employment action. (Sec. 1)
5. Makes technical and conforming changes. (Sec. 1)
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Initials NM/AI HB 2253
1/28/2026 Page 0 Public Safety & Law Enforcement
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