REFERENCE TITLE: firefighters; bill of rights State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2942 Introduced by Representatives Hernandez C: Volk, Way AN ACT Amending title 38, chapter 8, Arizona Revised Statutes, by adding ARTICLE 4; relating to firefighters. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: firefighters; bill of rights
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2942
Introduced by Representatives Hernandez C: Volk, Way
REFERENCE TITLE: firefighters; bill of rights
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2942
Introduced by
Representatives Hernandez C: Volk, Way
AN ACT
Amending title 38, chapter 8, Arizona Revised Statutes, by adding ARTICLE 4; relating to firefighters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 4, to read: ARTICLE 4. FIREFIGHTERS START_STATUTE38-1181. 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. "Disciplinary action" means the dismissal, demotion or suspension of a firefighter that is a result of misconduct or unsatisfactory performance. 3. "Excusable neglect" means neglect or inadvertence that might be the act of a reasonably prudent person under similar circumstances. 4. "FireFighter" means: (a) A nonprobationary professional firefighter who is employed by this state or a political subdivision of this state. (b) A firefighter who works on behalf of this state or a political subdivision of this state through an employment contract with a private company. (c) EMergency medical services-certified ambulance personnel employed by this state or a political subdivision of this state. 5. "Good faith" means a state of mind denoting honesty of purpose and absence of intent to defraud and being faithful to one's duty or obligation. 6. "Investigative file" means the employer's complete investigation report and any attachments supporting the disciplinary action, including complaints, audio recordings, video recordings, photographs and witness statements, as well as any exculpatory or mitigating evidence. 7. "Just cause" means: (a) The employer informed the employee of the possible disciplinary action resulting from the employee's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the employee or the conduct was such that the employee should have reasonably known disciplinary action could occur. (b) The disciplinary action is reasonably related to the standards of conduct for a firefighter, the mission of the agency, the orderly, efficient or safe operation of the agency or the employee'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 employee's service record. END_STATUTE START_STATUTE38-1182. Firefighters bill of rights: preemption The firefighters bill of rights is established. This article outlines the minimum rights given to firefighters 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 firefighter or the firefighter's lawful representative association. END_STATUTE START_STATUTE38-1183. Discipline of firefighters A firefighter is not subject to disciplinary action except for just cause. END_STATUTE START_STATUTE38-1184. Internal investigations; notice; employee representative exception A. An employer must notify a firefighter of any complaint alleging that the firefighter has engaged in misconduct within seven working days after receiving the complaint. B. If an employer interviews a firefighter in the course of an administrative investigation and the employer or firefighter reasonably believes that the interview could result in dismissal, demotion or suspension: 1. The firefighter may request to have a representative of the firefighter present during the interview. The firefighter shall select a representative who is available on reasonable notice so that the interview is not unreasonably delayed. 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 firefighter's representative may be from the firefighter's professional membership organization. The firefighter or the firefighter's representative may take notes during the interview. Any notes taken by the firefighter or the firefighter's representative do not constitute an official record of the interview and are not subject to disclosure under public records law. The firefighter may discuss the firefighter's interview with the firefighter's representative or attorney. The firefighter will 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 may not discipline, retaliate against or threaten to retaliate against a firefighter for requesting that a representative be present or for acting as the representative of a firefighter pursuant to this paragraph. 2. Before the commencement of any interview described in this section, the employer shall provide the firefighter with a written notice informing the firefighter of the alleged facts that are the basis of the investigation, the specific nature of the investigation, the firefighter's status in the investigation, all known allegations of misconduct that are the reason for the interview and the firefighter's right to have a representative present at the interview. The employer will provide the firefighter with a copy of the written notice that the firefighter may retain. Along with the notice, the employer will 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. 3. In the course of an administrative investigation, the firefighter is allowed to record the firefighter's own interview. Recordings made by the firefighter or the firefighter's representative do not constitute an official record of the interview. 4. At the conclusion of the interview, the firefighter is entitled to a period of time to consult with the firefighter's representative and may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview. C. Subsection A of this section does not apply to an interview of a firefighter that is either of the following: 1. Preliminary questioning by a supervisor to determine either the scope of the allegations or if an investigation is necessary. 2. Conducted during the course of a criminal investigation. D. If the employer seeks to impose disciplinary action at the conclusion of an investigation, the employer, on the firefighter's request, must provide a summary of any discipline ordered within the previous two years against any other firefighter employed by the employer for the same or a similar violation. As an alternative, the employer may provide file copies of the relevant disciplinary cases. The employer may not order discipline until the basic summary or file copies have been provided. END_STATUTE START_STATUTE38-1185. Firefighter as witness; right to representation A. If a firefighter is designated as a witness by the firefighter's employer in an investigation that could lead to disciplinary action against another firefighter, the witness firefighter may request to have a representative present during the witness interview. Unless agreed to by the employer, the representative will be from the same agency and will not be an attorney except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness's representative may be from the witness firefighter's professional membership organization. The representative may take notes during the interview. Any notes taken by the firefighter or the witness firefighter's representative do not constitute an official record of the interview and are not subject to disclosure under public records law. B. The witness firefighter shall answer all questions asked by the investigator. Information learned during a witness interview is considered proprietary and confidential by the employer and remains so until the witness firefighter is released from the confidentiality requirements of this section. C. If, during a witness interview, an investigator discovers information that the witness may have engaged in misconduct, the investigator must end the interview and issue a notice of investigation before continuing. D. The witness firefighter may discuss the firefighter's witness interview with the firefighter's representative or legal counsel. END_STATUTE START_STATUTE38-1186. Appeal of disciplinary actions; transcripts; change of hearing officer or administrative law judge; burden of proof; final disposition report; exception A. Firefighters have the right to appeal disciplinary action imposed against them by their employer. B. In any appeal of a disciplinary action by a firefighter, 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 firefighter for a copy of the investigative file that is accompanied by a copy of the filed notice of appeal, the employer must 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 may 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. C. It is unlawful for a person to disseminate information that is disclosed pursuant to subsection B 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. D. If a transcript is required in an administrative hearing, the employer shall obtain the transcript and provide a copy to the firefighter, at no cost to the firefighter, within ten calendar days after the employer's receipt of the transcript. E. Failure to comply with the requirements of subsection B or C of this section shall result in the exclusion of the witness, evidence or testimony, unless the failure to comply is because of excusable neglect. F. The employer or the firefighter 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 firefighter believes should not be disclosed pursuant to subsection B 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. G. In any appeal of a disciplinary action by a firefighter in which a single hearing officer or administrative law judge has been appointed to conduct the appeal hearing, the firefighter, 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. H. The employer has the burden of proof in an appeal of a disciplinary action by a firefighter. I. The hearing officer, administrative law judge or appeals board should take into consideration violations of this article as mitigation in determining discipline. J. Except where a statute, rule or ordinance makes the administrative evidentiary hearing the final administrative determination and after a hearing in which the firefighter 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. K. A firefighter who prevails in an appeal where a termination has been reversed shall be awarded retroactive compensation from the date of the firefighter's separation to the date of reinstatement. The hearing officer, administrative law judge or appeals board hearing the appeal will determine the amount of retroactive compensation awarded, accounting for any reduction due to the following: 1. If there is undue delay in setting or conducting a hearing caused by the firefighter or the firefighter's representative. 2. If there exists a period between separation and reinstatement that the firefighter would have been unable to perform the duties of a firefighter. 3. If the hearing officer, administrative law judge or appeals board finds that the firefighter's actions warrant suspension or demotion. L. Within thirty days after taking final action in an appeal, the administrative law judge, hearing officer or presiding authority must provide a final disposition report to the employer that initiated or imposed the discipline that includes a statement of whether just cause existed for the disciplinary action, the final decision as to the disciplinary action, all findings of fact and conclusions of law supporting the decision and any award of back pay. M. An employer that receives a final disposition report shall include the final disposition report in the employer's original investigation record. END_STATUTE START_STATUTE38-1187. Superior court review hearing; remedy A. If a firefighter 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 firefighter may bring an action in superior court for a hearing de novo on the demotion or termination. B. If a firefighter 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 firefighter may bring an action in superior court to review the employer's file. If the court finds from a review of the file that there was no just cause for the demotion or termination, the firefighter 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 firefighter reinstated to THE firefighter's previous position with the employer and shall award monetary damages not to exceed the firefighter's combined total of wages and benefits during the period of imposed disciplinary action. 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 firefighter. 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. END_STATUTE START_STATUTE38-1188. Confidentiality of records A. An employer may not include in that portion of the personnel file of a firefighter 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 firefighter has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process. END_STATUTE START_STATUTE38-1189. Time limit on disciplinary action against firefighter; 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 must provide the employee with a written explanation of the reasons the investigation needs to continue beyond one hundred calendar days. Except as provided in subsection D 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, it will be dismissed. B. The time limit set forth in subsection A does not preclude the employer from initiating a new investigation of the employee for misconduct on newly discovered material evidence that could not with reasonable diligence have been discovered during the initial one hundred calendar day limit or any extension. C. If, in the course of an investigation involving multiple firefighters, evidence is discovered that exonerates the firefighter or fails to sustain any wrongdoing, the employer shall issue the individual firefighter a notice of findings. The employer may continue to order the firefighter not to discuss or disclose any information regarding the investigation except to the firefighter's legal counsel, spouse, representative or medical provider. D. The time limit 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 firefighter 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 limit by the firefighter. 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. 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 firefighter 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. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. FIREFIGHTERS
START_STATUTE38-1181. 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. "Disciplinary action" means the dismissal, demotion or suspension of a firefighter that is a result of misconduct or unsatisfactory performance.
3. "Excusable neglect" means neglect or inadvertence that might be the act of a reasonably prudent person under similar circumstances.
4. "FireFighter" means:
(a) A nonprobationary professional firefighter who is employed by this state or a political subdivision of this state.
(b) A firefighter who works on behalf of this state or a political subdivision of this state through an employment contract with a private company.
(c) EMergency medical services-certified ambulance personnel employed by this state or a political subdivision of this state.
5. "Good faith" means a state of mind denoting honesty of purpose and absence of intent to defraud and being faithful to one's duty or obligation.
6. "Investigative file" means the employer's complete investigation report and any attachments supporting the disciplinary action, including complaints, audio recordings, video recordings, photographs and witness statements, as well as any exculpatory or mitigating evidence.
7. "Just cause" means:
(a) The employer informed the employee of the possible disciplinary action resulting from the employee's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the employee or the conduct was such that the employee should have reasonably known disciplinary action could occur.
(b) The disciplinary action is reasonably related to the standards of conduct for a firefighter, the mission of the agency, the orderly, efficient or safe operation of the agency or the employee'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 employee's service record. END_STATUTE
START_STATUTE38-1182. Firefighters bill of rights: preemption
The firefighters bill of rights is established. This article outlines the minimum rights given to firefighters 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 firefighter or the firefighter's lawful representative association. END_STATUTE
START_STATUTE38-1183. Discipline of firefighters
A firefighter is not subject to disciplinary action except for just cause. END_STATUTE
START_STATUTE38-1184. Internal investigations; notice; employee representative exception
A. An employer must notify a firefighter of any complaint alleging that the firefighter has engaged in misconduct within seven working days after receiving the complaint.
B. If an employer interviews a firefighter in the course of an administrative investigation and the employer or firefighter reasonably believes that the interview could result in dismissal, demotion or suspension:
1. The firefighter may request to have a representative of the firefighter present during the interview. The firefighter shall select a representative who is available on reasonable notice so that the interview is not unreasonably delayed. 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 firefighter's representative may be from the firefighter's professional membership organization. The firefighter or the firefighter's representative may take notes during the interview. Any notes taken by the firefighter or the firefighter's representative do not constitute an official record of the interview and are not subject to disclosure under public records law. The firefighter may discuss the firefighter's interview with the firefighter's representative or attorney. The firefighter will 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 may not discipline, retaliate against or threaten to retaliate against a firefighter for requesting that a representative be present or for acting as the representative of a firefighter pursuant to this paragraph.
2. Before the commencement of any interview described in this section, the employer shall provide the firefighter with a written notice informing the firefighter of the alleged facts that are the basis of the investigation, the specific nature of the investigation, the firefighter's status in the investigation, all known allegations of misconduct that are the reason for the interview and the firefighter's right to have a representative present at the interview. The employer will provide the firefighter with a copy of the written notice that the firefighter may retain. Along with the notice, the employer will 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.
3. In the course of an administrative investigation, the firefighter is allowed to record the firefighter's own interview. Recordings made by the firefighter or the firefighter's representative do not constitute an official record of the interview.
4. At the conclusion of the interview, the firefighter is entitled to a period of time to consult with the firefighter's representative and may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview.
C. Subsection A of this section does not apply to an interview of a firefighter that is either of the following:
1. Preliminary questioning by a supervisor to determine either the scope of the allegations or if an investigation is necessary.
2. Conducted during the course of a criminal investigation.
D. If the employer seeks to impose disciplinary action at the conclusion of an investigation, the employer, on the firefighter's request, must provide a summary of any discipline ordered within the previous two years against any other firefighter employed by the employer for the same or a similar violation. As an alternative, the employer may provide file copies of the relevant disciplinary cases. The employer may not order discipline until the basic summary or file copies have been provided. END_STATUTE
START_STATUTE38-1185. Firefighter as witness; right to representation
A. If a firefighter is designated as a witness by the firefighter's employer in an investigation that could lead to disciplinary action against another firefighter, the witness firefighter may request to have a representative present during the witness interview. Unless agreed to by the employer, the representative will be from the same agency and will not be an attorney except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness's representative may be from the witness firefighter's professional membership organization. The representative may take notes during the interview. Any notes taken by the firefighter or the witness firefighter's representative do not constitute an official record of the interview and are not subject to disclosure under public records law.
B. The witness firefighter shall answer all questions asked by the investigator. Information learned during a witness interview is considered proprietary and confidential by the employer and remains so until the witness firefighter is released from the confidentiality requirements of this section.
C. If, during a witness interview, an investigator discovers information that the witness may have engaged in misconduct, the investigator must end the interview and issue a notice of investigation before continuing.
D. The witness firefighter may discuss the firefighter's witness interview with the firefighter's representative or legal counsel. END_STATUTE
START_STATUTE38-1186. Appeal of disciplinary actions; transcripts; change of hearing officer or administrative law judge; burden of proof; final disposition report; exception
A. Firefighters have the right to appeal disciplinary action imposed against them by their employer.
B. In any appeal of a disciplinary action by a firefighter, 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 firefighter for a copy of the investigative file that is accompanied by a copy of the filed notice of appeal, the employer must 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 may 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.
C. It is unlawful for a person to disseminate information that is disclosed pursuant to subsection B 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.
D. If a transcript is required in an administrative hearing, the employer shall obtain the transcript and provide a copy to the firefighter, at no cost to the firefighter, within ten calendar days after the employer's receipt of the transcript.
E. Failure to comply with the requirements of subsection B or C of this section shall result in the exclusion of the witness, evidence or testimony, unless the failure to comply is because of excusable neglect.
F. The employer or the firefighter 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 firefighter believes should not be disclosed pursuant to subsection B 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.
G. In any appeal of a disciplinary action by a firefighter in which a single hearing officer or administrative law judge has been appointed to conduct the appeal hearing, the firefighter, 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.
H. The employer has the burden of proof in an appeal of a disciplinary action by a firefighter.
I. The hearing officer, administrative law judge or appeals board should take into consideration violations of this article as mitigation in determining discipline.
J. Except where a statute, rule or ordinance makes the administrative evidentiary hearing the final administrative determination and after a hearing in which the firefighter 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.
K. A firefighter who prevails in an appeal where a termination has been reversed shall be awarded retroactive compensation from the date of the firefighter's separation to the date of reinstatement. The hearing officer, administrative law judge or appeals board hearing the appeal will determine the amount of retroactive compensation awarded, accounting for any reduction due to the following:
1. If there is undue delay in setting or conducting a hearing caused by the firefighter or the firefighter's representative.
2. If there exists a period between separation and reinstatement that the firefighter would have been unable to perform the duties of a firefighter.
3. If the hearing officer, administrative law judge or appeals board finds that the firefighter's actions warrant suspension or demotion.
L. Within thirty days after taking final action in an appeal, the administrative law judge, hearing officer or presiding authority must provide a final disposition report to the employer that initiated or imposed the discipline that includes a statement of whether just cause existed for the disciplinary action, the final decision as to the disciplinary action, all findings of fact and conclusions of law supporting the decision and any award of back pay.
M. An employer that receives a final disposition report shall include the final disposition report in the employer's original investigation record. END_STATUTE
START_STATUTE38-1187. Superior court review hearing; remedy
A. If a firefighter 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 firefighter may bring an action in superior court for a hearing de novo on the demotion or termination.
B. If a firefighter 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 firefighter may bring an action in superior court to review the employer's file. If the court finds from a review of the file that there was no just cause for the demotion or termination, the firefighter 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 firefighter reinstated to THE firefighter's previous position with the employer and shall award monetary damages not to exceed the firefighter's combined total of wages and benefits during the period of imposed disciplinary action.
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 firefighter.
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. END_STATUTE
START_STATUTE38-1188. Confidentiality of records
A. An employer may not include in that portion of the personnel file of a firefighter 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 firefighter has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process. END_STATUTE
START_STATUTE38-1189. Time limit on disciplinary action against firefighter; 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 must provide the employee with a written explanation of the reasons the investigation needs to continue beyond one hundred calendar days. Except as provided in subsection D 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, it will be dismissed.
B. The time limit set forth in subsection A does not preclude the employer from initiating a new investigation of the employee for misconduct on newly discovered material evidence that could not with reasonable diligence have been discovered during the initial one hundred calendar day limit or any extension.
C. If, in the course of an investigation involving multiple firefighters, evidence is discovered that exonerates the firefighter or fails to sustain any wrongdoing, the employer shall issue the individual firefighter a notice of findings. The employer may continue to order the firefighter not to discuss or disclose any information regarding the investigation except to the firefighter's legal counsel, spouse, representative or medical provider.
D. The time limit 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 firefighter 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 limit by the firefighter.
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.
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 firefighter 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. END_STATUTE