38-1104. Discipline of law enforcement
officers; definitions


A. A law enforcement officer shall not be subject to disciplinary action except for
just cause.


B. Subsection A of this section does not apply to any law enforcement officer who
has not completed an initial probationary period if a probationary period is required by
the employer or to a dismissal that is for administrative purposes, including a reduction
in force.


C. This section does not preempt agreements that supplant, revise or otherwise
alter the provisions of this section, including preexisting agreements, between the
employer and the law enforcement officer's lawful representative association.


D. For the purposes of this section:


1. "Disciplinary action" has the same meaning prescribed in section 38-1101.


2. "Just cause" means:


(a) The employer informed the officer of the possible disciplinary action resulting
from the officer's conduct through agency manuals, employee handbooks, the employer's
rules and regulations or other communications to the officer or the conduct was such that
the officer should have reasonably known disciplinary action could occur.


(b) The disciplinary action is reasonably related to the standards of conduct for a
professional law enforcement officer, the mission of the agency, the orderly, efficient
or safe operation of the agency or the officer'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 officer's service record.


3. "Law enforcement officer" means:


(a) An individual who is certified by the Arizona peace officer standards and
training board, other than a person employed by a multi-county water conservation
district, a reserve police officer, a volunteer or a person who is otherwise exempted by
an existing merit system.


(b) A correction officer or detention officer, excluding a juvenile detention
officer, who is employed by this state or a political subdivision of this state.


(c) A regularly appointed and paid deputy sheriff of a county.


(d) A regularly employed police officer in a city or town.