2011 Arizona Revised Statutes
Title 38 Public Officers and Employees
38-1105 Transcripts; time limitation on disciplinary action against law enforcement officer; exceptions; definitions

38-1105. Transcripts; time limitation on disciplinary action against law enforcement officer; exceptions; definitions

A. If a transcript is required in an administrative hearing pursuant to section 38-1101, the employer shall obtain the transcript and provide a copy to the law enforcement officer within ten calendar days of receipt.

B. Except as provided in this section, an employer shall make a good faith effort to complete any investigation of employee misconduct within one hundred twenty business days after the employer receives notice of the allegation by a person authorized by the employer to initiate an investigation of the misconduct. The investigation is considered complete on the date the employee is served with the notice of discipline or the notice of findings. If the employer exceeds the one hundred twenty business day limit, the employer will provide the employee with a written explanation containing the reasons the investigation continued beyond one hundred twenty business days. On an appeal of discipline by the employee, a hearing officer, administrative law judge or appeals board may dismiss the discipline if it is determined that the employer did not make a good faith effort to complete the investigation within one hundred twenty business days. The allegation regarding any act, omission or other misconduct may be sustained, and the employee's record will reflect that the allegation was sustained but no discipline was administered due to the finding of the hearing officer, administrative law judge or appeals board that the employer did not make a good faith effort to complete the investigation in one hundred twenty business days. The sustained discipline may be considered when determining discipline in any future sustained misconduct allegation. If the employer determines that disciplinary action is appropriate, the employer shall complete the employer's investigation and give notice in writing to the law enforcement officer of the employer's intent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable. The employer shall make a good faith effort to provide notice to the officer within one hundred twenty business days after the date the employer received notice of the alleged misconduct except as follows:

1. The limitations period may be suspended for a period prescribed in a written waiver of the limitation by the law enforcement officer.

2. The limitations period is suspended during the time that any criminal investigation or prosecution is pending in connection with the act, omission or other allegation of misconduct.

3. If the investigation involves a law enforcement officer who is incapacitated or otherwise unavailable, the limitations period is suspended during the period of incapacitation or unavailability.

4. In a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved.

5. The limitations period may be suspended for emergencies or natural disasters during the time period in which the governor has declared a state of emergency within the jurisdictional boundaries of the concerned employer.

C. A law enforcement officer who prevails in an appeal where a termination has been reversed shall be awarded retroactive compensation from the date of the officer's separation to the date of reinstatement. The employer may exclude any penalties deemed appropriate by the reviewing authority.

D. This section does not preempt agreements that supplant, revise or otherwise alter the provisions of this section, including preexisting agreements between the employer and the law enforcement officer or the law enforcement officer's lawful representative association.

E. For the purposes of this section, "disciplinary action" and "law enforcement officer" have the same meanings prescribed in section 38-1101.