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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
disciplinary
action; appeal; superior court
(NOW: law enforcement; reinstatement; costs)
Purpose
Requires an employer that fails to reinstate a law enforcement officer whose termination is determined to be without just cause by both an initial and a subsequent appeal to pay all taxable costs and reasonable attorney and expert fees incurred by the officer.
Background
After a hearing and review before the Law Enforcement Merit System Council (Council), a classified law enforcement officer who is suspended, demoted or dismissed by the disciplinary action of the department head as a result of misconduct or unsatisfactory performance may have the Council's determination reviewed in the superior court of the county in which the officer resides. If the Council's determination is overruled by the court, the law enforcement officer must be reinstated in the officer's position and the officer must be reimbursed for any compensation withheld pending determination by the Council and court (A.R.S. § 38-1004).
Just cause occurs when: 1) the employer informed the law enforcement officer of the possible disciplinary action resulting from the officer's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the officer or the conduct was such that the officer should have reasonably known disciplinary action could occur; 2) the disciplinary action is reasonably related to the standards of conduct for a professional law enforcement officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the officer's fitness for duty; 3) the discipline is supported by a preponderance of evidence that the conduct occurred; and 4) the discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record (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, if a hearing officer, administrative law judge or appeals board determines that a termination of a law enforcement officer was without just cause and the employer fails to reinstate officer and a subsequent action brought in the superior court also determines that the termination was without just cause, to pay all taxable costs and reasonable attorney and expert fees incurred by the officer for the initial and subsequent appeals.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by the House of Representatives
1. Stipulates that the employer must pay all taxable costs and reasonable fees incurred by the officer:
a) if a subsequent action brought in the superior court also determines that the termination was without just cause; and
b) for the initial and subsequent appeals, rather than in any action to appeal or any other superior court action arising from the termination, regardless of the outcome of the action.
2. Makes technical changes.
Senate Action House Action
PS 2/18/26 DPA/SE 5-2-0 PSLE 3/16/26 DPA 8-1-3-1
3rd Read 3/10/26 17-11-2 3rd Read 4/27/26 57-0-2-1
Prepared by Senate Research
April 27, 2026
KJA/KM/hk