Arizona 2023 2023 Regular Session

Arizona House Bill HB2479 Comm Sub / Analysis

Filed 03/06/2023

                    Assigned to MAPS 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR H.B. 2479 
 
law enforcement merit system; continuation 
Purpose 
Continues the Law Enforcement Merit System Council (LEMSC) for eight years, until July 
1, 2031, retroactive to July 1, 2023. 
Background 
LEMSC adopts rules for the Department of Public Safety and the Arizona Police Officer 
Standards and Training Board (AZPOST) that pertain to: 1) classification and compensation 
plans; 2) standards and qualifications for all classified positions; 3) fair and impartial selection, 
appointment, probation, promotion, retention and separation or removal from service by 
resignation, retirement, reduction in force or dismissal of covered employees; 4) a performance 
appraisal system which is used to evaluate the work performance of covered employees; and 5) 
hearings of employee grievances related to classification, compensation and employee appraisals 
(AZDPS). 
A covered employee in the state personnel system who is a full authority peace officer as 
certified by AZPOST, is appointed to a position that requires such a certification in the covered 
service and who has completed the employee's original probationary period of service as provided 
by the personnel rules, may file an appeal with LEMSC for a: 1) dismissal from covered service; 
2) suspension for more than 40 working hours; or 3) involuntary demotion resulting from 
disciplinary action. In hearing and reviewing an appeal, LEMSC: 1) must determine whether the 
employing agency has proven by a preponderance of the evidence that the employing agency had 
just cause to discipline the employee; 2) may recommend modification of a disciplinary action if 
the state agency head has not proven by a preponderance of the evidence that the employing agency 
had just cause to discipline the employee; and 3) must reverse the decision of the state agency head 
if LEMSC finds that just cause did not exist for any discipline to be imposed and, in the case of 
dismissal or demotion, return the employee to the same position the employee held before the 
dismissal or demotion with or without back pay (A.R.S. ยง 41-1830.16). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Continues LEMSC for eight years, until July 1, 2031, retroactive to July 1, 2023. 
2. Repeals statute relating to LEMSC on January 1, 2032. 
3. Contains a purpose statement. 
4. Becomes effective on the general effective date, retroactive to July 1, 2023.   FACT SHEET 
H.B. 2479 
Page 2 
 
 
House Action  
MAPS   1/23/23 DP 15-0-0-0 
3
rd
 Read 2/13/23  58-2-0 
Prepared by Senate Research 
February 28, 2023 
ZD/KS/sr