Assigned to MAPS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2322
peace officers; discipline; modification
Purpose
Allows the Law Enforcement Merit System Council (LEMSC) to recommend modification
of a disciplinary action if the state agency head has proven that the employing agency had just
cause to discipline the employee, but evidence presented by the employee or the employing
agency, any legal basis brought in the appeal or any other facts or circumstances offered for
LEMSC's consideration demonstrate that the disciplinary action should be modified.
Background
Current statute requires LEMSC to adopt rules it deems necessary for the administration
of hearings and the review of appeals of covered peace officers. A covered employee in the state
personnel system who is a full authority peace officer as certified by the Arizona Peace Officer
Standards and Training Board, who 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 appeal to LEMSC the covered employee's dismissal from
covered service, suspension for more than 40 working hours or involuntary demotion resulting
from disciplinary action.
LEMSC, in hearing and reviewing an appeal: 1) must determine whether the employing
agency has proven by a preponderance of evidence that the employing agency has 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
the council 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. On a finding that the state agency head has not
proven just cause to discipline the employee by a preponderance of the evidence, LEMSC may
recommend a proposed disciplinary action in light of the facts proven (A.R.S. ยง 41-1830.16).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows LEMSC to recommend modification of a disciplinary action if the state agency head
has proven that the employing agency had just cause to discipline the employee, but evidence
presented by the employee or the employing agency, any legal basis brought in the appeal or
any other facts or circumstances offered for the LEMSC's consideration demonstrate that the
disciplinary action should be modified. FACT SHEET
H.B. 2322
Page 2
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
MAPS 1/29/24 DP 14-0-0-0
3
rd
Read 2/15/24 45-13-1-0-1
Prepared by Senate Research
February 26, 2024
ZD/SB/cs