Title 38 — Public Officers and Employees

In this article, unless the context otherwise requires: 1. "Appeal" means a hearing before a state or local merit board, a civil service board, an administrative law judge or a hearing officer. 2. "At will" means an employment relationship where either party to the relationship m…

The peace officers bill of rights is established. This article outlines the minimum rights given to peace officers in this state. This article does not preempt agreements that supplement or enhance the provisions of this article, including written agreements between the employer …

B. This section does not apply to: 1. A dismissal or demotion that is for administrative purposes, including a reduction in force. 2. A law enforcement officer who is employed by an agency of this state as an at will employee.

A. If an employer interviews a law enforcement officer in the course of an administrative investigation and the employer or law enforcement officer reasonably believes that the interview could result in dismissal, demotion or suspension: 1. The law enforcement officer may request…

B. The witness law enforcement officer shall answer all questions asked by the law enforcement officer's department investigator, and information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness la…

1. Within fourteen calendar days after the employer's receipt of a written request from the law enforcement officer for a copy of the investigative file that is accompanied by a copy of the filed notice of appeal, the employer shall provide a complete copy of the investigative fi…

A. If a law enforcement officer is demoted or terminated as the result of an employer or a person acting on behalf of an employer reversing the decision or recommendation of a hearing officer, administrative law judge or appeals board where the finding states that there was no ju…

B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action. C. Notwithstanding section 39-123, all data and reports from a polygraph exami…

B. If the law enforcement officer has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process. This subsection does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee…

B. The time limitation set forth in subsection A does not preclude the employer from initiating a new investigation of the employee for misconduct upon newly discovered material evidence that could not with reasonable diligence have been discovered during the initial one hundred …

A. Except as provided in subsection B of this section, a critical incident stress management team member or peer support team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly a…

A. An employer may order a law enforcement officer to submit to a physical, psychological or behavioral examination only if the law enforcement officer has acted or failed to act in an observable manner that indicates that there is a physical, psychological or behavioral conditio…

A. Notwithstanding any other law and except as provided pursuant to subsection C of this section, a peace officer shall not be prohibited from carrying a firearm, except that if the peace officer is employed as a law enforcement officer in this state, the peace officer must be in…

A. Notwithstanding any other law, the surviving spouse or a surviving dependent of a deceased law enforcement officer is entitled to receive payments for health insurance premiums from public monies of the employer of the law enforcement officer if the law enforcement officer was…

A. On retirement, an officer who is a member of an eligible retirement system, subject to the officer's employer's approval, may purchase the firearms issued by the employer to the officer at a price determined by the administrator of the agency employing the law enforcement offi…

A. In an administrative investigation of a law enforcement officer's use of force incident that resulted in a death or serious physical injury to another person, if the law enforcement officer recorded a video, both of the following apply: 1. The administrative investigation is n…

B. Any findings or recommendations from any government committee, board, agency, department, office or entity shall require a majority vote to do any of the following: 1. Investigate law enforcement officer misconduct. 2. Influence the conduct of or certify law enforcement office…

B. The Arizona criminal justice commission shall establish procedures governing the collection and reporting of use-of-force incident data that are consistent with the requirements, definitions and methods of the national use-of-force data collection. C. The Arizona criminal just…

B. At a minimum, the written notice shall include: 1. A notice of possible placement in the rule 15.1 database. 2. The law enforcement officer's right to request relevant materials from the prosecuting agency. 3. The law enforcement officer's right to provide input to the prosecu…

Pursuant to section 13-2907.01, Arizona Revised Statutes, it is a class 1 misdemeanor to knowingly make to a law enforcement agency a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation o…

In this article, unless the context otherwise requires: 1. "Appeal" means a hearing before a state or local merit board, a civil service board or a hearing officer. 2. "Disciplinary action" means the dismissal, the demotion or any suspension of a probation officer that is authori…

This article does not preempt agreements that supplant, revise or otherwise deviate from the provisions of this article, including written agreements between the employer and the probation officer or the probation officer's lawful representative association.

B. This section does not apply to: 1. A dismissal or demotion that is for administrative purposes, including a reduction in force. 2. A probation officer who has not completed an initial probationary period if a probationary period is required by the employer.

A. If an employer interviews a probation officer in the course of an administrative investigation and the employer or probation officer reasonably believes that the interview could result in dismissal, demotion or suspension: 1. The probation officer may request to have a represe…

B. The witness probation officer shall answer all questions asked by the probation officer's department investigator. Any information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness probation offi…

A. In any appeal of a disciplinary action by a probation officer, the parties shall exchange copies of all relevant documents and a list of all witnesses pursuant to the following time periods and requirements: 1. Within fourteen calendar days after the employer's receipt of a wr…

[Repealed or reserved.]

B. Notwithstanding section 39-123, all data and reports from a polygraph examination of a probation officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was adm…

B. Subsection A of this section does not apply if: 1. The communication or advice indicates clear and present danger to the probation officer who received crisis response services or to other persons. 2. The probation officer who received crisis response services gives express co…

B. The order shall provide at least ten calendar days' notice to the probation officer to be examined and shall specify the time, place, manner, conditions and scope of the examination and the person or persons who will conduct the examination. The probation officer to be examine…

A. Notwithstanding any other law, the surviving spouse or a surviving dependent of a deceased probation officer is entitled to receive payments for health insurance premiums from public monies of the employer of the probation officer if the probation officer was killed in the lin…

(L21, Ch. 403, sec. 17) A. Before a person becomes a member of a civilian review board that reviews the actions of peace officers in this state, the person must either: 1. Satisfactorily complete either: (a) A community college police academy. (b) A total of eighty hours of Arizo…

(Caution: 1998 Prop. 105 applies; Rpld. 1/1/33) In this article, unless the context otherwise requires: 1. "First responder": (a) Has the same meaning prescribed in section 13-1204. (b) Includes a member of the Arizona national guard who is on state active duty in this state and …

(Caution: 1998 Prop. 105 applies; Rpld. 1/1/33) In addition to any other death benefit, beginning from and after June 30, 2025, if a first responder is killed in the line of duty, on written notice to the state treasurer from the first responder's employer this state shall pay a …

(Caution: 1998 Prop. 105 applies; Rpld. 1/1/33) The state supplemental benefit fund is established consisting of monies deposited pursuant to section 12-116.12 and monies appropriated by the legislature. The state treasurer shall administer the fund for the purposes specified in …