KENDYL MULLINS

LEGISLATIVE RESEARCH INTERN

KIYAHNA J. ARAZA

LEGISLATIVE RESEARCH ANALYST

PUBLIC SAFETY COMMITTEE

Telephone: (602) 926-3171

ARIZONA STATE SENATE

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

PUBLIC SAFETY COMMITTEE

DATE:            February 16, 2026

SUBJECT:      Strike everything amendment to S.B. 1493, relating to disciplinary action; appeal; superior court

Purpose

            Requires an employer that fails to reinstate a law enforcement officer who was terminated without just cause to pay all taxable costs and reasonable attorney and expert fees incurred by the officer.

Background

            A classified law enforcement officer who is suspended, demoted or dismissed by the department head, after a hearing and review before the merit system council, may have the determination of the council reviewed in the superior court of the county in which the law enforcement officer resides. If the determination of the council is overruled by the court, the law enforcement officer will be reinstated in the officer's position and the officer will be reimbursed for any compensation withheld pending determination by the council and court (A.R.S. § 38-1004).

An employer or a person acting on behalf of an employer may amend, modify, reject or reverse the portion of a decision made by a hearing officer, administrative law judge or appeals board that was arbitrary or without reasonable justification, except where a statute, rule or ordinance makes an administrative evidentiary hearing the final administrative determination and after a hearing where the law enforcement officer and employer have been equally allowed to call and examine witnesses, cross-examine witnesses, provide documentary evidence and otherwise fully participate in the hearing. The employer or person acting on behalf of the employer must state the reason for the amendment, modification, rejection or reversal (A.R.S. § 38-1106).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires the employer, if a hearing officer, administrative law judge or appeals board determines that a termination of a law enforcement officer by an employer was without just cause and the employer fails to reinstate officer, to pay all taxable costs and reasonable attorney and expert fees incurred by the officer 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 and conforming changes.

3. Becomes effective on the general effective date.