Title 38, Public Officers and Employees

A. The board shall have the sole and exclusive control of the administration and investment of the prefunding plan. 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 e…

A. The board, pursuant to the terms and conditions set by the board, may authorize an employer to participate in the prefunding plan. 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…

A. The board may authorize a participating employer to transfer monies into the prefunding plan. A transfer of monies into the prefunding plan shall comply with all of the following: 1. The transfer satisfies the terms of the contract between the governing body of the participati…

A. The board may authorize a participating employer to transfer assets out of the prefunding plan if the asset transfer complies with subsection B of this section and all of the following: 1. The transfer satisfies the terms of the contract between the governing body of the parti…

A. The board may terminate the participation of a participating employer in the prefunding plan if any of the following applies: 1. The board determines that all obligations of a participating employer to pay required pension contributions in accordance with the terms of the appl…

The board shall cause the annual financial statements of the prefunding plan to be prepared in accordance with the applicable governmental accounting standards and an audit to be conducted of those financial statements by a qualified independent certified accounting firm for each…

A. Assets transferred into or out of or held in the prefunding plan and investment income on assets in the prefunding plan are exempt from state, county and municipal taxes. B. The legislature intends that the prefunding plan's income not be subject to federal income tax. The boa…

A. The board may adopt rules, policies and procedures regarding the prefunding plan, including administering and investing the assets transferred into the prefunding plan by participating employers, investment options and termination of employer's participation in the prefunding …

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 …

A. A law enforcement officer is not subject to disciplinary action except for just cause. 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 o…

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…

A. If a law enforcement officer is designated as a witness by the law enforcement officer's employer in an investigation that could lead to another law enforcement officer's dismissal, demotion or suspension, the witness law enforcement officer may request to have a representativ…

A. In any appeal of a disciplinary action by a law enforcement officer, the parties shall cooperate with each other, act in good faith and exchange copies of all relevant documents and a list of all witnesses pursuant to the following time periods and requirements: 1. Within four…

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…

A. An employer may not administer a polygraph examination to a law enforcement officer in administrative investigations. B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information e…

A. An employer shall not include in that portion of the personnel file of a law enforcement officer that is available for public inspection and copying any information about an investigation until the investigation is complete or the employer has discontinued the investigation. B…

A. An employer shall make a good faith effort to complete any investigation of employee misconduct within one hundred eighty calendar days after the employer receives notice of the allegation by a person authorized by the employer to initiate an investigation of the misconduct. T…

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…

A. Notwithstanding any other law, at least two-thirds of the members, staff, employees or seats of any government committee, board, agency, department, office or entity that investigates law enforcement officer misconduct, influences the conduct of or certifies law enforcement of…

A. A law enforcement agency shall collect and report use-of-force incidents involving law enforcement officers to the Arizona criminal justice commission beginning January 1, 2022. A law enforcement agency shall submit reports on use-of-force incidents to the Arizona criminal jus…

A. At least ten days, or as soon as practicable, before a prosecuting agency makes a determination to place a law enforcement officer's name in the rule 15.1 database, the prosecuting agency shall send a written notice by mail or email to the law enforcement officer's current or …

Before a law enforcement agency accepts a complaint made against a peace officer, the law enforcement agency must provide the person making the complaint with the following notice: Pursuant to section 13-2907.01, Arizona Revised Statutes, it is a class 1 misdemeanor to knowingly …

A. A law enforcement agency in this state may establish a wellness program to support the mental health and well-being of the law enforcement agency's employees. The wellness program may include all of the following: 1. Access to licensed counseling. 2. Crisis response services. …

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.

A. A probation officer is not subject to disciplinary action except for just cause. 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 probation…

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…

A. If a probation officer is designated as a witness by the probation officer's employer in an investigation that could lead to another probation officer's dismissal, demotion or suspension, the witness probation officer may request to have a representative present at no cost to …