2011 Arizona Revised Statutes
Title 38 Public Officers and Employees
38-1106 Law enforcement officers as witnesses; right to representation; confidential information; definition

38-1106 Law enforcement officers as witnesses; right to representation; confidential information; definition

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 representative present at no cost to the employer during the witness interview. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness law enforcement officer's representative may be from the witness law enforcement officer's professional membership organization.

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 law enforcement officer is served with a notice of investigation by the employer or the witness law enforcement officer is released from the confidentiality requirements of this section.

C. The witness law enforcement officer may discuss the law enforcement officer's witness interview with the witness law enforcement officer's representative or the representative's legal counsel. If the witness law enforcement officer or the witness law enforcement officer's representative releases information without authorization, the employer may subject the witness law enforcement officer or the witness law enforcement officer's representative to disciplinary action.

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 witness law enforcement officer or the witness law enforcement officer's professional membership organization.

E. For the purposes of this section, "law enforcement officer" means:

1. An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.

2. A detention officer or correction officer, other than a juvenile detention officer or probationary employee, who is employed by this state or a political subdivision of this state.