HB 2322
Initials NM/TM Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: MAPS DP 14-0-0-0 | 3
rd
Read 45-13-1-1
Senate: MAPS DP 7-0-0-0 | 3
rd
Read 20-8-2-0
HB 2322: peace officers; discipline; modification
Sponsor: Representative Payne, LD 27
Transmitted to the Governor
Overview
Expands the types of evidence the Law Enforcement Merit System Council (LEMSC) may
use to recommend modification of disciplinary action toward an employee.
History
LEMSC reviews: 1) classification and compensation plans; 2) employee selection, promotion,
disciplinary and dismissal procedures; 3) performance appraisal systems; 4) standards and
qualifications for covered Arizona Department of Public Safety and Arizona Peace Officers
Standards and Training Board employees; and 5) hours of employment. LEMSC also
conducts appeal hearings for disciplinary actions taken against a classified employee (A.R.S.
§ 41-1830.12). LEMSC consists of five members, no more than three of which may belong to
the same political party (A.R.S. § 41-1830.11).
LEMSC is authorized to submit a recommendation regarding a disciplinary action to an
employer agency if the agency cannot show that it had just cause to discipline the employee
by a preponderance of the evidence. The agency head may accept, modify, reverse or reject
LEMSC’s decision or recommendation. Statute specifies that an agency head must accept the
recommendation unless it is arbitrary or without reasonable justification. Any party may
appeal a determination made by LEMSC or an employer to the superior court (A.R.S. § 41-
1830.16).
Provisions
1. Expands what LEMSC may recommend modification of a disciplinary action to include:
a) evidence presented by the employee or employing agency;
b) any legal basis brought in the appeal; and
c) any other facts or circumstances offered for LEMSC's consideration. (Sec. 1)
2. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note