| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 38, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 38-451, to read: START_STATUTE38-451. Government employees; personal online use; monitoring; prohibition; exceptions; state preemption A. Notwithstanding any other law, this state, a city, town or county or a political subdivision of this state may not monitor the personal online use or personal speech of an employee if the employee meets the following criteria: 1. Is not serving in the employee's professional capacity. 2. Does not use devices, equipment, software or programs issued to the employee by this state, a city, town or county or a political subdivision of this state. 3. Does not use social media or web-based accounts or addresses that represent and are created, managed or affiliated with this state, a city, town or county or a political subdivision of this state. B. Notwithstanding subsection a of this section, this state, a city, town or county or a political subdivision of this state may monitor the personal online use or personal speech of an employee in any of the following circumstances: 1. This state, a city, town or county or a political subdivision of this state has a reasonable suspicion that: (a) The employee uses personal accounts or devices during working hours to conduct any business for this state, a city, town or county or a political subdivision of this state. (b) The employee shares privileged or confidential information or information that is otherwise not publicly available. (c) The employee attributes statements or comments to the employee's role with this state, a city, town or county or a political subdivision of this state or as an official position of this state, a city, town or county or a political subdivision of this state. 2. The employee is the subject of a complaint or an allegation of improper conduct or an employment policy violation that requires an investigation by this state, a city, town or county or a political subdivision of this state to determine the credibility of the complaint or allegation. 3. This state, a city, town or county or a political subdivision of this state suspects the employee of illegal activity. 4. This state, a city, town or county or a political subdivision of this state receives credible information from a third party that the employee is engaging in improper conduct or behavior. 5. To investigate, prevent or respond to any threats or potential threats to this state, a city, town or county or a political subdivision of this state or its employees, elected officials or other members of its workforce. C. Monitoring a government employee's personal online use or personal speech is of statewide concern. Monitoring the personal online use or personal speech of an employee of this state, a city, town or county or a political subdivision of this state pursuant to this section is not subject to further regulation by a county, city, town or other political subdivision of this state. END_STATUTE |
|---|
| 69 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 38, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 38-451, to read: START_STATUTE38-451. Government employees; personal online use; cause; state preemption A. Notwithstanding any other law, this state, a city, town or county or a political subdivision of this state may not monitor the PERSONAL online use or PERSONAL speech of an employee, UNLESS THIS STATE OR THE CITY, TOWN, COUNTY OR POLITICAL SUBDIVISION SUSPECTS THE EMPLOYEE OF ILLEGAL ACTIVITY. B. The regulation of a government employee's PERSONAL online use or PERSONAL speech is of statewide concern. The regulation of the PERSONAL online use or PERSONAL speech of an employee of this state, a city, town or county or a political subdivision of this state pursuant to this section is not subject to further regulation by a county, city, town or other political subdivision of this state. END_STATUTE |
|---|
| 79 | | - | 1. Is not serving in the employee's professional capacity. |
|---|
| 80 | | - | |
|---|
| 81 | | - | 2. Does not use devices, equipment, software or programs issued to the employee by this state, a city, town or county or a political subdivision of this state. |
|---|
| 82 | | - | |
|---|
| 83 | | - | 3. Does not use social media or web-based accounts or addresses that represent and are created, managed or affiliated with this state, a city, town or county or a political subdivision of this state. |
|---|
| 84 | | - | |
|---|
| 85 | | - | B. Notwithstanding subsection a of this section, this state, a city, town or county or a political subdivision of this state may monitor the personal online use or personal speech of an employee in any of the following circumstances: |
|---|
| 86 | | - | |
|---|
| 87 | | - | 1. This state, a city, town or county or a political subdivision of this state has a reasonable suspicion that: |
|---|
| 88 | | - | |
|---|
| 89 | | - | (a) The employee uses personal accounts or devices during working hours to conduct any business for this state, a city, town or county or a political subdivision of this state. |
|---|
| 90 | | - | |
|---|
| 91 | | - | (b) The employee shares privileged or confidential information or information that is otherwise not publicly available. |
|---|
| 92 | | - | |
|---|
| 93 | | - | (c) The employee attributes statements or comments to the employee's role with this state, a city, town or county or a political subdivision of this state or as an official position of this state, a city, town or county or a political subdivision of this state. |
|---|
| 94 | | - | |
|---|
| 95 | | - | 2. The employee is the subject of a complaint or an allegation of improper conduct or an employment policy violation that requires an investigation by this state, a city, town or county or a political subdivision of this state to determine the credibility of the complaint or allegation. |
|---|
| 96 | | - | |
|---|
| 97 | | - | 3. This state, a city, town or county or a political subdivision of this state suspects the employee of illegal activity. |
|---|
| 98 | | - | |
|---|
| 99 | | - | 4. This state, a city, town or county or a political subdivision of this state receives credible information from a third party that the employee is engaging in improper conduct or behavior. |
|---|
| 100 | | - | |
|---|
| 101 | | - | 5. To investigate, prevent or respond to any threats or potential threats to this state, a city, town or county or a political subdivision of this state or its employees, elected officials or other members of its workforce. |
|---|
| 102 | | - | |
|---|
| 103 | | - | C. Monitoring a government employee's personal online use or personal speech is of statewide concern. Monitoring the personal online use or personal speech of an employee of this state, a city, town or county or a political subdivision of this state pursuant to this section is not subject to further regulation by a county, city, town or other political subdivision of this state. END_STATUTE |
|---|
| 79 | + | B. The regulation of a government employee's PERSONAL online use or PERSONAL speech is of statewide concern. The regulation of the PERSONAL online use or PERSONAL speech of an employee of this state, a city, town or county or a political subdivision of this state pursuant to this section is not subject to further regulation by a county, city, town or other political subdivision of this state. END_STATUTE |
|---|