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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: PS DPA/SE 5-2-0-0 | Third Read: 17-11-2-0-0House: PSLE DPA 8-1-3-1 |
SB 1493: law enforcement; reinstatement; costs
Sponsor: Senator Payne, LD 27
House Engrossed
Overview
Requires an employer to pay specified fees incurred by a law enforcement officer in appeal proceedings relating to the officer's termination without just cause, if certain conditions are met.
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 the officer's employer 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 ordered discipline, 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).
Provisions
1. Stipulates an employer must pay all taxable costs and reasonable attorney fees and expert fees incurred by the law enforcement officer if:
a. the employer fails to reinstate the officer after a hearing officer, administrative law judge or appeals board determines the termination was without just cause; and
b. a subsequent action brought in superior court also determines the termination was without just cause. (Sec. 3)
2. Requires the employer to pay in the aforesaid case for the appeal to the hearing officer, administrative law judge or appeals board, and the subsequent appeal to the superior court. (Sec. 3)
3. Adds a statutory reference to define prosecuting agency's rule 15.1 database. (Sec. 3)
4. Makes technical and conforming changes. (1, 2, 3)
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8. Initials NM/AI SB 1493
9. 4/1/2026 Page 0 House Engrossed
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