A.R.S. tit. 38 ch. 8 — Arizona Revised Statutes Title 38 Chapter 8 — Public Safety Officers

38-1101. Definitions 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 may sever the relationship at any time for any reason other than an unlawful reason. 3. "Disciplinary action" means the dismissal, the demotion or any suspension of a law enforcement officer that is a result of misconduct or unsatisfactory performance. 4. "Excusable neglect" means neglect or inadvertence that might be the act of a reasonably prudent person under similar circumstances. 5. "Good faith" means honesty of purpose and absence of intent to defraud. 6. "Investigative file" means the law enforcement agency's complete report and any attachments detailing the incidents leading to the disciplinary action, including complaints, audio recordings, video recordings, photographs, witness statements and exculpatory and mitigating evidence. 7. "Just cause" means: (a) The employer informed the law enforcement officer of the possible disciplinary action resulting from the officer's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the officer or the conduct was such that the officer should have reasonably known disciplinary action could occur. (b) The disciplinary action is reasonably related to the standards of conduct for a professional law enforcement officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the officer's fitness for duty. (c) The discipline is supported by a preponderance of evidence that the conduct occurred. (d) The discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record. 8. "Law enforcement officer" means: (a) 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. (b) A detention or corrections officer, other than a probationary employee or juvenile detention officer, who is employed by this state or a political subdivision of this state. (c) A nonprobationary regularly appointed and paid deputy sheriff of a county. (d) A nonprobationary regularly employed police officer in a city or town. 38-1102. Peace officers bill of rights; preemption 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 and the law enforcement officer or the law enforcement officer's lawful representative association. 38-1103. Discipline of law enforcement officers; exceptions 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 of this state as an at will employee. 38-1104. Internal investigations; notice; employee representative; confidentality; probation; termination; exception 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 to have a representative of the law enforcement officer present at no additional cost to the employer during the interview. The law enforcement officer shall select a representative who is available on reasonable notice so that the interview is not unreasonably delayed. The representative shall participate in the interview only as an observer. Unless agreed to by the employer, the representative shall not be an attorney and shall be from the same agency, except that if a representative from the same agency is not reasonably available, with the employer's permission, the law enforcement officer's representative may be from the law enforcement officer's professional membership organization. The law enforcement officer's representative may take notes during the interview. The law enforcement officer and the law enforcement officer's representative and attorney may use notes taken during the interview only to assist the law enforcement officer in an investigation or a disciplinary matter. Notes taken by the law enforcement officer, the law enforcement officer's representative or the law enforcement officer's attorney do not constitute an official record of the interview. The law enforcement officer may discuss the law enforcement officer's interview with the law enforcement officer's representative or attorney. If the law enforcement officer or the law enforcement officer's representative or attorney releases information without authorization, the employer may subject the law enforcement officer or the law enforcement officer's representative, if the representative is from the same agency, to disciplinary action. The law enforcement officer shall be allowed reasonable breaks of limited duration during any interview for telephonic or in-person consultation with authorized persons, including an attorney, who are immediately available. An employer shall not discipline, retaliate against or threaten to retaliate against a law enforcement officer for requesting that a representative be present or for acting as the representative of a law enforcement officer pursuant to this paragraph. 2. Before the commencement of any interview described in this section, the employer shall provide the law enforcement officer with a written notice informing the law enforcement officer of the alleged facts that are the basis of the investigation, the specific nature of the investigation, the law enforcement officer's status in the investigation, all known allegations of misconduct that are the reason for the interview and the law enforcement officer's right to have a representative present at the interview. The employer shall provide the law enforcement officer with a copy of the written notice that the law enforcement officer may retain. Along with the notice, the employer, at least twenty-four hours before the interview, shall provide any relevant and readily available materials, including complaints that contain the alleged facts, except for complaints that are filed with the employer and that include allegations of unlawful discrimination, harassment or retaliation or complaints that involve matters under the jurisdiction of the United States equal employment opportunity commission. The format of the materials may be written, audio or video. The requirement to provide any relevant and readily available materials to the law enforcement officer at least twenty-four hours before the interview pursuant to this paragraph does not apply if any of the following occurs: (a) The law enforcement officer waives the requirement. (b) The employer determines that the interview should be conducted earlier to protect the integrity of the law enforcement officer's statement. (c) Circumstances or evidence that will be offered at the interview require the interview to be completed twenty-four hours after a major law enforcement incident. 3. In the course of an administrative investigation, the law enforcement officer is allowed to record the law enforcement officer's own interview. Recordings made by the law enforcement officer, the law enforcement officer's representative or the law enforcement officer's attorney do not constitute an official record of the interview. 4. At the conclusion of the interview, the law enforcement officer is entitled to a period of time to consult with the law enforcement officer's representative and may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview. B. Subsection A of this section does not require the employer to either: 1. Stop an interview to issue another notice for allegations based on information provided by the law enforcement officer during the interview. 2. Disclose any fact to the law enforcement officer or the law enforcement officer's representative that would impede the investigation. C. Subsection A, paragraphs 1 and 2 of this section do not apply to an interview of a law enforcement officer that is: 1. In the normal course of duty, counseling or instruction or an informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other law enforcement officer. 2. Preliminary questioning to determine the scope of the allegations or if an investigation is necessary. 3. Conducted during the course of a criminal investigation. D. If, after an employer completes an investigation of a law enforcement officer, the employer seeks disciplinary action, at the request of the law enforcement officer, the employer shall provide a basic summary of any discipline ordered against any other law enforcement officer of generally similar rank and experience employed by the employer within the previous two years for the same or a similar violation. As an alternative, the employer may provide file copies of the relevant disciplinary cases. The employer shall not take final action and the employer shall not schedule a hearing until the basic summary or file copies are provided to the law enforcement officer. E. Notwithstanding any other law, an employer may not terminate a law enforcement officer who is promoted above the law enforcement officer's current rank and placed on probationary status for failing to satisfactorily complete the law enforcement officer's probationary period, but may demote the law enforcement officer. An employer may terminate a law enforcement officer at any time with just cause. F. This section does not apply to a police recruit who is promoted to a law enforcement officer after graduating from the police academy in which the police recruit was trained. An employer may terminate a police recruit who is promoted to a law enforcement officer and who fails to satisfactorily complete the initial probationary period. G. An employer may terminate a law enforcement officer who is laterally transferred, who is on an initial probationary period and who fails to satisfactorily complete the probationary period. H. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. 38-1105. Law enforcement officer as witness; right to representation; exception 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. The witness law enforcement officer's representative may take notes during the interview. 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 that representative's legal counsel. The witness law enforcement officer, the witness law enforcement officer's representative or that representative's legal counsel may use the witness law enforcement officer representative's notes only to assist the law enforcement officer in any investigation or disciplinary matter. Notes taken by the witness law enforcement officer, the witness law enforcement officer's representative or that representative's legal counsel do not constitute an official record of the interview. 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 apply to a law enforcement officer who is employed by an agency of this state as an at will employee. 38-1106. Appeal of disciplinary actions; transcripts; change of hearing officer or administrative law judge; burden of proof; superior court appeal; final disposition report; exception 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 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 file as well as the names and contact information for all persons interviewed during the course of the investigation. 2. Not later than fourteen calendar days before the appeal hearing, the parties shall produce and serve on every party the following information: (a) The name of each witness whom the disclosing party expects to call at the appeal hearing, with a designation of the subject matter on which each witness might be called to testify. A witness may decline an interview. The parties shall not interfere with any decision of a witness regarding whether to be interviewed. An employer shall not discipline, retaliate against or threaten to retaliate against any witness for agreeing to be interviewed or for testifying or providing evidence in the appeal. (b) The name and contact information of each person who has given statements, whether written or recorded or signed or unsigned, regarding matters relevant to the notice of discipline and the custodian of the copies of those statements. (c) Copies of any documents that may be introduced at the hearing and that have not previously been disclosed. 3. The duty to disclose information continues to exist throughout the process and up to the end of the appeal process. B. It is unlawful for a person to disseminate information that is disclosed pursuant to subsection A of this section to any person other than the parties to the appeal and their lawful representatives for purposes of the appeal of the disciplinary action. This subsection does not prohibit the use of the information in the hearing or disclosure pursuant to title 39, chapter 1, article 2. C. If a transcript is required in an administrative hearing, the employer shall obtain the transcript and provide a copy to the law enforcement officer within ten calendar days after the employer's receipt of the transcript. D. Failure to comply with the requirements of subsection A or B of this section shall result in the exclusion of the witness, evidence or testimony, unless the failure to comply is because of excusable neglect. E. The employer or the law enforcement officer may seek a determination by the hearing officer, administrative law judge or appeals board hearing the appeal regarding any evidence that the employer or the law enforcement officer believes should not be disclosed pursuant to subsection A of this section because the risk of harm involved in disclosure outweighs any usefulness of the disclosure in the hearing. In determining whether evidence will be disclosed, the hearing officer, administrative law judge or appeals board may perform an in camera review of the evidence and may disclose the material subject to any restriction on the disclosure, including the closing of the hearing or the sealing of the records, that the hearing officer, administrative law judge or appeals board finds necessary under the circumstances. An agency, an employer or a political subdivision in this state may not take any retaliatory action against an employee for providing testimony in any proceeding pursuant to this subsection. F. In any appeal of a disciplinary action by a law enforcement officer in which a single hearing officer or administrative law judge has been appointed to conduct the appeal hearing, the law enforcement officer or the employer, within ten calendar days after the appointment of the hearing officer or administrative law judge, may request a change of hearing officer or administrative law judge. In cases before the office of administrative hearings or if the employer is a county, city or town, on the first request of a party, the request shall be granted. A city or town with a population of less than sixty-five thousand persons or a county with a population of less than two hundred fifty thousand persons must provide, if necessary to comply with this subsection, for an alternate hearing officer by means of an interagency agreement with another city, town or county. If the law enforcement officer is the party who requested the alternate hearing officer, the law enforcement officer shall reimburse the city, town or county for one-half of any additional expenses incurred by the city, town or county in procuring the alternate hearing officer under the interagency agreement. If an alternate hearing officer is requested by means of an interagency agreement, the hearing officer shall provide to the law enforcement officer or employer the option of continuing the hearing for an additional ten calendar days. Any subsequent requests may be granted only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer or administrative law judge. The supervisor or supervising body of the hearing officer or administrative law judge shall decide whether a showing of prejudice has been made. G. The employer has the burden of proof in an appeal of a disciplinary action by a law enforcement officer. H. The hearing officer, administrative law judge or appeals board may take into consideration violations of this article as mitigation in determining discipline. I. Except where a statute, rule or ordinance makes the administrative evidentiary hearing the final administrative determination and after a hearing where the law enforcement officer and the employer have been equally allowed to call and examine witnesses, cross-examine witnesses, provide documentary evidence and otherwise fully participate in the hearing, an employer or a person acting on behalf of an employer may amend, modify, reject or reverse the portion of a decision made by a hearing officer, administrative law judge or appeals board that was arbitrary or without reasonable justification. The employer or person acting on behalf of the employer shall state the reason for the amendment, modification, rejection or reversal. J. If a hearing officer, administrative law judge or appeals board determines that a termination of a law enforcement officer by an employer was without just cause and the employer fails to reinstate the law enforcement officer and a subsequent action brought in superior court pursuant to section 38–1107 also determines that the termination was without just cause, the employer shall pay all taxable costs and reasonable attorney fees and expert fees incurred by the law enforcement officer for the appeal to the hearing officer, administrative law judge or appeals board and the subsequent appeal to the superior court. K. Notwithstanding chapter 3, article 3.1 of this title, all hearings pursuant to this section are open to the public. Executive sessions allowed pursuant to section 38-431.03 shall be limited to legal advice to a personnel appeals board or for deliberations. L. 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 law enforcement officer's separation to the date of reinstatement. The hearing officer, administrative law judge or appeals board hearing the appeal shall determine the amount of retroactive compensation awarded and any reduction to that amount. Retroactive compensation may be reduced: 1. If there is undue delay in setting a hearing date caused by the law enforcement officer or the law enforcement officer's representative. 2. If the law enforcement officer requests a continuance. 3. If there exists a period between separation and reinstatement that the law enforcement officer would have been unable to perform the duties of a law enforcement officer. 4. By any amount earned by the law enforcement officer in alternative employment. 5. If the hearing officer, administrative law judge or appeals board finds that the law enforcement officer's action or misconduct warrants suspension or demotion. M. The hearing officer, administrative law judge or appeals board shall state in every finding of disciplinary action whether or not just cause existed for the disciplinary action. N. The hearing officer, administrative law judge or appeals board shall document in the record those circumstances where the hearing officer, administrative law judge or appeals board determines that a party has clearly violated a party's obligation under this section. O. Immediately after a law enforcement officer receives the final disposition of an appeal of a disciplinary action, the administrative law judge, hearing officer or presiding authority shall provide a final disposition report that includes the final decision and any amended findings of fact to the law enforcement agency that initiated or imposed the discipline. P. A law enforcement agency that receives a final disposition report shall include the final disposition report in the agency's original investigation record. If the law enforcement agency provided a prosecuting agency with information that was obtained during the investigation of the law enforcement officer for the prosecuting agency's rule 15.1 database as defined in section 38-1119, the law enforcement agency shall forward the final disposition report to the prosecuting agency. Q. An agency, an employer or a political subdivision of this state may not prohibit or obstruct an employee, including an employee designated as a subject matter expert, from providing testimony to an administrative or judicial proceeding relating to the appeal of a disciplinary action pursuant to this section. R. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. 38-1107. Superior court review hearing; remedy; exceptions 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 just cause for the demotion or termination, the law enforcement officer may bring an action in superior court for a hearing de novo on the demotion or termination. B. If a law enforcement officer is demoted or terminated by an employer or a person acting on behalf of an employer where there is no hearing officer, administrative law judge or appeals board to review the demotion or termination, the law enforcement officer may bring an action in superior court to review the agency's file. If the court finds from a review of the file that there was no just cause for the demotion or termination, the officer is entitled to a hearing de novo on the demotion or termination. C. If the superior court finds that just cause for a demotion or termination did not exist, the court shall order the officer reinstated to the officer's previous position with the law enforcement agency and may award to the law enforcement officer monetary damages that shall not exceed the officer's combined total of wages and benefits during the period of imposed disciplinary action that was lost as a result of the demotion or termination. D. An action pursuant to subsection A or B of this section shall be commenced within thirty-five calendar days after a copy of the decision sought to be reviewed is served on the law enforcement officer. E. In an action pursuant to subsection A or B of this section the court may award the successful party reasonable attorney fees as set forth in section 12-341.01, subsection B and shall award the successful party all costs pursuant to section 12-341. F. This section does not apply to a law enforcement officer who is employed as an at will employee: 1. As a police chief or an assistant police chief in a law enforcement agency. 2. By an agency of this state. 38-1108. Polygraph examinations; exception 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 exists to support that disciplinary action. C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement 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 administered, including other ancillary matters. All other uses are prohibited. D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date. E. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. 38-1109. Confidentiality of records; exception 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. 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. 38-1110. Time limitation on disciplinary action against law enforcement officer; notice of findings; exceptions 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. The investigation is considered complete on the date the employee is served with the notice of discipline or the notice of findings. The employer may continue the investigation beyond the one hundred eighty-calendar-day period only if it is demonstrated that additional time is necessary to obtain or review evidence. Before the employer exceeds the one hundred eighty-calendar-day limit, the employer shall provide the employee with a written explanation of the reasons the investigation continued beyond one hundred eighty calendar days. Except as provided in subsection D, paragraph 6 of this section, any extension may not exceed one hundred eighty calendar days. Subject to the conditions in subsection B of this section, if the investigation is not complete at the conclusion of the extension period, the matter shall be dismissed. 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 eighty-calendar-day limitation or any extension. C. If, in the course of an investigation involving multiple law enforcement officers, evidence is discovered that exonerates the law enforcement officer or fails to sustain any wrongdoing, the employer shall issue the individual law enforcement officer a notice of findings. The employer may continue to order the law enforcement officer not to discuss or disclose any information regarding the investigation except to the law enforcement officer's legal counsel, spouse, representative or medical provider. D. The limitation period established by subsection A of this section: 1. Is suspended during the time that any criminal investigation or prosecution is pending in connection with the act, omission or other allegation of misconduct. 2. Is suspended during the period of time in which a law enforcement officer who is involved in the investigation is incapacitated or otherwise unavailable. 3. May be suspended for a period prescribed in a written waiver of the limitation by the law enforcement officer. 4. 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. 5. In a multijurisdictional investigation, may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved. 6. For any employer subject to supervision by a court-ordered monitor, the onetime extension provided in subsection A of this section shall be three hundred sixty days. E. On an appeal of discipline by the employee, a hearing officer, administrative law judge or appeals board shall dismiss the discipline if it is determined that the employer did not make a good faith effort to complete the investigation within one hundred eighty calendar days or any extension. The allegation regarding any act, omission or other misconduct may be sustained, and the employee's record shall 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 eighty calendar days or any extension. 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. F. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. 38-1111. Critical incident stress management team members; peer support team members; privilege; exceptions; definitions 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 and in confidence from a designated person shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state. B. Subsection A of this section does not apply if: 1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons. 2. The designated person who received crisis response services gives express consent to the testimony. 3. The communication or advice is made during the course of a criminal investigation. 4. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member or peer support team member may be compelled to testify on the same subject. 5. A breach of agency policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement. C. For the purposes of this section: 1. "Agency" means the branch of government, political subdivision of this state or joint powers authority in which a designated person is employed. 2. "Civilian employee" means a nonsworn member of an agency or peer support team. 3. "Crisis response services" means consultation, risk assessment, referral and on-site crisis intervention services provided by a critical incident stress management team, peer support team or peer support team member to a designated person. 4. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team. 5. "Designated person" means an emergency medical provider, firefighter or law enforcement officer or a civilian employee of an agency. 6. "Emergency medical provider" means municipal, fire district or state emergency medical services personnel or emergency medical services personnel under a joint powers authority. 7. "Firefighter" means a municipal, fire district or state firefighter or a firefighter under a joint powers authority. 8. "Law enforcement officer" means: (a) An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district. (b) A detention officer or correction officer, other than a probationary employee, who is employed by this state or a political subdivision of this state. 9. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following: (a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17 or who holds an equivalent license in another state. (b) A psychologist who is licensed pursuant to title 32, chapter 19.1 or who holds an equivalent license in another state. (c) A mental health professional who is licensed pursuant to title 32, chapter 33 or who holds an equivalent license in another state and who holds either a master's or doctoral degree related to the mental health profession. (d) A mental health nurse practitioner or a psychiatric clinical nurse specialist who is licensed pursuant to title 32, chapter 15 or who holds an equivalent license in another state. 10. "Member" means a critical incident stress management team member or a peer support team member. 11. "Peer support team" means a group of individuals that is designated by an agency or an agency's authorized affiliate and that is trained in all of the following areas: (a) Compassion fatigue. (b) Crisis support. (c) Grief and loss resiliency. (d) Motivational interviewing. (e) Suicide prevention. 12. "Peer support team member" means an individual who has completed training that is provided by a licensed mental health professional through a recognized organization that offers peer support training or critical incident stress management training and who is part of any of the following: (a) A law enforcement crisis response team. (b) A probation officer crisis response team. (c) A firefighter crisis response team. (d) An emergency medical provider crisis response team. 38-1112. Law enforcement officers; fitness for duty examinations; rights of officers; definitions 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 condition materially limiting the law enforcement officer's ability to perform the essential functions of the law enforcement officer's job within the law enforcement officer's job description. The order shall state all of the specific objective facts on which the order for the examination is based except that the order may omit the specific names of individuals who reported the law enforcement officer's conduct to the supervisor. B. The order shall provide at least ten calendar days' notice to the law enforcement 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. Specific to psychological examinations, if the law enforcement officer is a danger to himself or others, the ten-day notice is not required. The law enforcement officer to be examined may have a representative present during the examination if the professional conducting the examination agrees. C. The employer shall provide the law enforcement officer with the final report of the examination containing the professional's findings within five business days after the law enforcement agency receives the final report from the professional. The employer may provide any additional information related to the fitness for duty examination to the examining professional. D. The report shall be provided only to the employer and the law enforcement officer and shall not be provided to any other person except as required for any subsequent appeal or certification action involving the law enforcement officer. The employer shall provide notice to the law enforcement officer that the report has been received by the employer. The report shall be provided to the law enforcement officer immediately if the law enforcement officer presents the final report of an independent medical examination or if the law enforcement officer waives any right to request an independent medical examination. If the law enforcement officer does not present the results of an independent medical examination within twenty calendar days after the employer provides notice to the law enforcement officer that the report has been received by the employer, the law enforcement officer is deemed to have waived the right to present the results of the independent medical examination. E. The employer shall make a reasonable good faith effort to deliver the report to the law enforcement officer. F. The professional may consider and report on only the law enforcement officer's medical or other records that are directly relevant to the actions in question, including preemployment physical, behavioral and psychological evaluations, and when conducting the examination, including medical records that record preexisting conditions that are relevant to the examination. The professional may additionally consider and report any condition of the law enforcement officer that the professional identifies during the course of the examination and that endangers the safety of the law enforcement officer or the community. G. The employer shall not take any final action until after the law enforcement officer has had at least twenty calendar days to review the report unless the law enforcement officer waives the twenty-day period or the employer grants an extension. H. This section does not prohibit the preexamination materials from being used in any proceeding held pursuant to section 38-1104. I. Providing the preexamination materials to the person conducting the independent examination of the law enforcement officer does not change the disclosure requirements under section 38-1104. J. For the purposes of this section: 1. "Independent medical examination" means an assessment that is requested by a law enforcement officer, that is conducted by a physician who is licensed pursuant to title 32, chapter 13 or 17 and that is used to provide a second, independent opinion of a current law enforcement officer who has been determined to not be able to perform essential functions of the job as a result of observation and a subsequent employer-ordered physical examination. 2. "Law enforcement officer" means: (a) A regularly employed and paid individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board and who is working in a position requiring certification by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district, an at-will employee or a voluntary or reserve employee. (b) A corrections officer or detention officer, other than a juvenile detention officer, who is employed by this state or a political subdivision of this state. 3. "Preexamination materials" means all information or materials, including preemployment material, that the employer gives to the physician who conducts the examination and that serve as the basis for the examination. 4. "Professional" means any licensed physician, psychologist or psychiatrist or any licensed individual who provides a behavioral, physical or psychological evaluation or opinion on a law enforcement officer after an employer's order. 38-1113. Carrying of firearms by peace officers; exceptions; definitions 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 compliance with the firearm requirements prescribed by the Arizona peace officer standards and training board. B. Notwithstanding any other law and except as provided pursuant to subsection C, paragraphs 1, 2, 4, 5, 6, 7 and 8 of this section, a retired peace officer shall not be prohibited from carrying a firearm. C. A peace officer or retired peace officer may be prohibited from carrying a firearm as follows: 1. In a jail, correctional facility or juvenile detention facility. 2. Except for peace officers acting in their official capacity and carrying official peace officer identification, by order of: (a) The presiding judge or justice when attending any court that is established pursuant to the constitution of this state or title 12, except if the peace officer or retired peace officer is providing court security or responding to an emergency. (b) A justice court when attending the justice court, except if the peace officer or retired peace officer is providing court security or responding to an emergency. (c) A municipal court when attending the municipal court, except if the peace officer or retired peace officer is providing court security or responding to an emergency. 3. When the peace officer is relieved of duty and is under a criminal or administrative investigation. 4. When in a secured police facility. 5. When consuming alcohol at a licensed liquor establishment, except if a peace officer's employing agency authorizes the consumption of alcohol in the performance of the peace officer's duties. 6. In a location prohibited by federal law. 7. Pursuant to court order. 8. Pursuant to any state or federal law that makes the officer a prohibited possessor. 9. When in the judgment of the department head, or the department head's designee, the peace officer exhibits any impairment, including any physical or mental impairment that would cause concern for the well-being and safety of the officer, the officer's law enforcement agency, law enforcement agency employees or the community. D. A law enforcement agency that employs a peace officer may establish rules that are consistent with this section. The law enforcement agency may determine the number, type, model, caliber and brand of firearm and the ammunition that is carried by its peace officers on or off duty. E. A presiding judge may establish rules or policies that are consistent with this section for the protection of the court. F. This section does not create any civil liability for acting or failing to act. G. For the purposes of this section: 1. "Firearm" has the same meaning prescribed in section 13-105. 2. "Peace officer" has the same meaning prescribed in section 1-215 and includes: (a) Municipal, county and state prosecutors who annually pass a pistol qualifying examination that is approved by the Arizona peace officer standards and training board for obtaining and maintaining peace officer certification requirements and that is conducted by an Arizona peace officer standards and training board recognized instructor or a national rifle association certified firearms instructor. (b) A person who is employed as a law enforcement officer by any state or political subdivision of any state of the United States or any Indian tribe and who is certified by an entity in that state, political subdivision or tribal government that is equivalent to the Arizona peace officer standards and training board. (c) A federally certified law enforcement officer. 3. "Relieved of duty" means when a peace officer is no longer required to perform, either temporarily or permanently, the duties for which the officer was employed. 4. "Retired peace officer" means a person who has honorably served as a law enforcement officer in the United States for at least ten consecutive years and who possesses a photographic identification or a letter from a law enforcement agency that states the person has served for at least ten consecutive years as a law enforcement officer in the United States. 5. "Secured police facility" means a building or structure that is used primarily by a public agency and that is not accessible to the general public except by controlled access. 38-1114. Health insurance payments for spouse or dependents of law enforcement officer killed in the line of duty; applicability; definitions 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 killed in the line of duty or died from injuries suffered in the line of duty. B. The employer shall make payments if the surviving spouse or surviving dependent is enrolled or was enrolled at the time the law enforcement officer was killed in the line of duty or died from injuries suffered in the line of duty in either: 1. The health insurance program of the employer. 2. The health insurance program that is offered by the state retirement system or plan from which the surviving spouse or surviving dependent is receiving benefits. C. If a surviving spouse or surviving dependent was enrolled in either health insurance program described in subsection B of this section at the time the law enforcement officer was killed in the line of duty or died from injuries suffered in the line of duty and is eligible pursuant to subsection D of this section to receive health insurance premium payments under this section but is no longer enrolled in either health insurance program described in subsection B of this section, the employer shall allow the surviving spouse and any surviving dependent to enroll in the employer's health insurance program to receive health insurance premium payments pursuant to this section. D. The health insurance premium amount payable by the employer of the deceased law enforcement officer is the amount the employer of the deceased law enforcement officer would pay for an active law enforcement officer for a family coverage premium or single coverage premium, whichever is applicable. Payments shall be discontinued pursuant to this section if: 1. The surviving spouse remarries. 2. The surviving spouse becomes medicare eligible. 3. The surviving spouse dies. 4. For dependent coverage, the person is no longer considered a dependent. E. If the employer currently pays a greater portion of the health insurance premium for a surviving spouse or a surviving dependent than the required amount prescribed in subsection D of this section, the surviving spouse or surviving dependent shall receive the greater amount as payment toward the surviving spouse's or surviving dependent's health insurance premium. F. This section applies: 1. To a surviving spouse or a surviving dependent of a deceased law enforcement officer, as defined in subsection G, paragraph 2, subdivision (a), (b) or (c) of this section, who was killed in the line of duty or who died from injuries suffered in the line of duty on or after April 5, 1933. 2. To a surviving spouse or a surviving dependent of a deceased law enforcement officer, as defined in subsection G, paragraph 2, subdivision (d) of this section, who was killed in the line of duty or who died from injuries suffered in the line of duty on or after April 5, 2013. 3. For the surviving spouse or the surviving dependent who qualifies pursuant to paragraph 1 of this subsection, only to health insurance premiums paid on or after September 13, 2013. G. For the purposes of this section: 1. "Dependent" means an unmarried child of a deceased law enforcement officer who meets one of the following qualifications: (a) Is under eighteen years of age. (b) Is at least eighteen years of age and under twenty-three years of age only during any period that the child is a full-time student. (c) Is under a disability that began before the child attained twenty-three years of age and remains a dependent of the surviving spouse or a guardian. 2. "Law enforcement officer" means: (a) A peace officer who is certified by the Arizona peace officer standards and training board. (b) A detention officer or corrections officer who, other than a juvenile detention officer, is employed by this state or a political subdivision of this state. (c) A firefighter who is employed by this state or a political subdivision of this state. (d) A corrections officer or firefighter who works on behalf of this state or a political subdivision of this state through a contract with a private company. 38-1115. Officers; purchase of firearm; definitions 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 officer. This subsection applies to an officer who is a member of an eligible retirement system and to whom a firearm is issued during the course of the officer's employment by an employer as defined in section 38-711, 38-801, 38-842 or 38-881. B. For the purposes of this section: 1. "Eligible retirement system" means the Arizona state retirement system, the elected officials' retirement plan, the public safety personnel retirement system and the corrections officer retirement plan. 2. "Firearms" means any handguns, pistols, revolvers, rifles, shotguns or other weapons that are designed to, will or may be readily converted to expel a projectile by the action of expanding gases. 3. "Officer" means a law enforcement officer as defined in section 38-1101 or a probation officer as defined in section 38-1131. 38-1116. Use of force incident investigation; right to view recorded video; statement 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 not complete until after the officer has an opportunity to view the recorded video and provide any further information regarding the footage that the officer believes is relevant. 2. The law enforcement officer must be read the following notice before viewing the recorded video: Video evidence has limitations and may depict events differently than you recall. The video evidence may assist your memory and may assist in explaining your state of mind at the time of the incident. Viewing video evidence may or may not provide additional clarity to what you remember. You should not feel in any way compelled or obligated to explain any difference in what you remember and acted on from what viewing the additional evidence provides you. B. This section does not prohibit a law enforcement agency from adopting a policy or rule that relates to a law enforcement officer's review of that officer's recorded video. 38-1117. Law enforcement officer investigation and discipline committee, board, agency, department, office, entity or person; membership; qualifications; exceptions; statewide concern; definition 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 officer misconduct investigations, recommends disciplinary actions for law enforcement officer misconduct or imposes discipline for law enforcement officer misconduct must be Arizona peace officer standards and training board certified law enforcement officers who are of any rank and who are from the same department or agency as the law enforcement officer who is the subject of the investigation or disciplinary action. 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 officer misconduct investigations. 3. Recommend disciplinary actions for law enforcement officer misconduct. 4. Impose discipline for law enforcement officer misconduct. C. If the person or government committee, board, agency, department, office or entity does not meet the two-thirds requirement prescribed in subsection A of this section, a supervisor, a department or an agency head that supervises a law enforcement officer may investigate and impose discipline for the law enforcement officer's misconduct if the supervisor, department or agency head acts independently of the person, committee, board, agency, department, office or entity. D. This section does not apply to any of the following: 1. A person or a government committee, board, agency, department, office, civil service board or entity that only reviews the actions described in subsection A of this section and that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action. 2. The Arizona peace officer standards and training board. 3. A multijurisdictional law enforcement agency or task force or a similar entity that is charged with investigating the use of force by law enforcement officers, if at least two-thirds of the membership of the multijurisdictional law enforcement agency or task force or the similar entity consists of Arizona peace officer standards and training board certified law enforcement officers. 4. An entity that investigates federal employment discrimination. E. The legislature finds that setting and maintaining standards of professionalism and integrity of law enforcement officers in this state are of statewide concern. F. For the purposes of this section, "members, staff, employees or seats": 1. Includes any person who participates in the following: (a) Investigating law enforcement officer misconduct. (b) Influencing the conduct or certification of law enforcement officer misconduct investigations. (c) Recommending disciplinary actions for law enforcement officer misconduct. (d) Imposing discipline for law enforcement officer misconduct. 2. Does not include support or administrative staff or any person who only reviews the actions of the remainder of the government committee, board, agency, department, office or entity. 38-1118. Use-of-force incidents; data collection; reports; rules; public records; definitions 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 justice commission at least annually thereafter. The reported data may not include any identifying information on a law enforcement officer and the data collected and reported shall be consistent with the federal bureau of investigation's national use-of-force data collection. 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 justice commission shall publish the data reported during the immediate past year under subsection A of this section beginning March 1, 2023 and on or before March 1 of each year thereafter, including statewide aggregate data and agency-specific data, in a publicly available database. D. On or before January 1, 2025, the Arizona criminal justice commission shall conduct an analysis of law enforcement agency use-of-force rates reported pursuant to this section and shall release the analysis of trends or disparities in the use-of-force incident data, if any, to the public. The Arizona criminal justice commission shall update this report at least once every five years. E. For the purposes of this section: 1. "Law enforcement agency" means a law enforcement agency of this state or a political subdivision of this state, including the department of public safety, a municipal, city, town, county and tribal police agency, a sheriff and special jurisdiction police. 2. "National use-of-force data collection" means the national use-of-force data collection that is established and administered by the federal bureau of investigation to provide nationwide statistics on law enforcement use-of-force incidents. 3. "Serious physical injury" has the same meaning prescribed in section 13-105. 4. "Use-of-force incident" means an incident in which any of the following occurs: (a) A law enforcement officer's use of force is connected to a person's death. (b) A law enforcement officer's use of force is connected to a person receiving a serious physical injury. (c) In the absence of death or serious physical injury, a law enforcement officer discharged a firearm at or in the direction of a person. 38-1119. Law enforcement officers; database; notice; request for reconsideration; definitions 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 writte