Assigned to PS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1060
internal investigations; notice; confidentiality
Purpose
Prohibits an employer from compelling the disclosure of communication between a law
enforcement officer and the officer's representative, excluding planned criminal conduct, and
stipulates that specified materials are provided at least 24 hours before an interview.
Background
If an employer interviews a law enforcement officer in the course of an administrative
investigation that could reasonably result in dismissal, demotion or suspension, a law enforcement
officer may request a representative of the officer be present during the interview. The law
enforcement officer's representative must be available on reasonable notice, participate only as an
observer and, unless agreed to by the employer, must be an employee from the same agency and
may not be an attorney.
Before the commencement of an interview, the employer must provide the law enforcement
officer with a written notice and any relevant and readily available materials, including complaints
that contain the alleged facts, except for complaints that include allegations of unlawful
discrimination, harassment or retaliation and complaints that involve matters under the jurisdiction
of the U.S. Equal Employment Opportunity Commission (A.R.S. § 38-1104).
A law enforcement officer is an individual certified by the Arizona Peace Officer Standards
and Training Board, a detention or corrections officer that is employed by the state or a subdivision
of the state, a regularly appointed and paid deputy sheriff of a county or a regularly employed
police officer in a city or town, excluding specified probationary employees, juvenile detention
officers and persons employed by a multi-county water conservation district (A.R.S. § 38-1101).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits an employer from compelling a law enforcement officer or the officer's representative
to disclose any communication between the officer and representative before, during or after
an interview.
2. Specifies that the disclosure prohibition does not prevent the law enforcement officer's
representative from disclosing any planned future criminal conduct by the officer.
3. Stipulates that the employer must provide any relevant and readily available materials, as
prescribed, at least 24 hours before the interview. FACT SHEET
S.B. 1060
Page 2
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 17, 2025
KJA/AG/slp