Title 38 — Public Officers and Employees

A. An active or inactive member of a retirement system or plan of a municipality of this state or the public safety personnel retirement system who becomes a member of one or the other of these retirement systems or plans may transfer service credits from the member's prior retir…

A. Service credits qualified pursuant to section 38-923 may be transferred pursuant to this section. B. In the case of a member whose contributions remain on deposit with the prior retirement system or plan, the following shall occur: 1. The prior system or plan shall determine t…

1. "Administering and investing": (a) Means administering, managing, operating, investing and distributing the prefunding plan and its assets, including accepting, depositing, holding, investing, reinvesting and transferring the assets of the prefunding plan. (b) Includes employi…

B. The prefunding plan and the assets held in the prefunding plan are separate and apart from: 1. The public safety personnel retirement fund and any other fund, program or plan administered by the board. 2. Any pension prefunding plan investment accounts established pursuant to …

B. The board shall administer and invest the prefunding plan as provided in this article. Notwithstanding any other provision of this title, the board shall offer each participating employer investment options for monies in the prefunding plan consisting of cost-effective, divers…

B. An employer authorized by the board may elect to participate in the prefunding plan if all of the following occur: 1. The governing body of the employer adopts a resolution requesting to participate in the prefunding plan. 2. The employer submits a written request to participa…

1. The transfer satisfies the terms of the contract between the governing body of the participating employer and the board. 2. The transfer satisfies the requirements under the applicable governmental accounting standards. 3. The transfer does not jeopardize the tax-exempt status…

1. The transfer satisfies the terms of the contract between the governing body of the participating employer and the board. 2. The transfer satisfies the requirements under the applicable governmental accounting standards. 3. The transfer does not jeopardize the tax-exempt status…

1. The board determines that all obligations of a participating employer to pay required pension contributions in accordance with the terms of the applicable defined pension plan of the participating employer have been satisfied in full by payment or by defeasance with no remaini…

[Repealed or reserved.]

B. The legislature intends that the prefunding plan's income not be subject to federal income tax. The board may adopt additional rules, policies and procedures as the board deems necessary or appropriate to fulfill the legislature's intent that the prefunding plan's income not b…

B. The board has full discretionary fiduciary authority to determine all questions arising in connection with administering and investing the prefunding plan, including its interpretation and any factual questions arising under the prefunding plan. Any determination, authorizatio…

In this article, unless the context otherwise requires: 1. "Board" means the Arizona state retirement system board established by section 38-713 or the board of trustees established by section 38-848. 2. "Eligible group" means any of the following: (a) The Arizona state retiremen…

A. The board or employer of an eligible group may establish, administer, manage and operate a supplemental defined contribution plan. The board of trustees established by section 38-848 may establish a single supplemental defined contribution plan for all contributing members of …

A. A supplemental defined contribution plan is in addition to and does not replace an employee's existing state defined benefit or defined contribution retirement plan. B. Except as provided in subsection C of this section, any contributing member of an eligible group that establ…

A. Employee contributions and earnings on employee contributions are immediately vested. B. Employer matching contributions, if any, and the earnings on employer matching contributions are vested and the employee is entitled to receive employer matching contributions and earnings…

A. This state or a political subdivision of this state that employs a public safety employee on a full-time basis shall establish a supplemental benefits plan for a public safety employee who is injured while on duty to the extent that the public safety employee cannot perform th…

In this chapter, unless the context otherwise requires: 1. "Council" means the merit system council for law enforcement officers appointed under the provisions of this article. 2. "Department" means the branch of government in which a law enforcement officer is employed. 3. "Depa…

A. In each county coming within the provisions of this article, there shall be a merit system council which shall consist of five members appointed by the board of supervisors of the county. No more than three members shall belong to the same political party and all members shall…

The council, pursuant to recognized merit system principles of public employment, shall from time to time: 1. On a recommendation from the department head, classify or reclassify the specified positions occupied by law enforcement officers within the branch of government employin…

A. 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 pursuant to title 12, chapter 7, article 6 in the superior court o…

All law enforcement officers holding a position on the effective date of this article shall be continued in their respective positions without examination, until removed from such positions, under the provisions of the merit system established pursuant to this article.

A. Any city or town so desiring may use the services of the county merit system council, in lieu of appointing a merit council of its own, by applying to the county board of supervisors and paying their proportionate share of the expenses of the council. B. In the event a county …

Except as provided by section 38-1004, subsection C, the provisions of this article shall not apply to: 1. A county having a population, according to the last federal census, of less than two hundred fifty thousand inhabitants, unless the board of supervisors of such county passe…

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…