38-1101. 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. " At will" means an employment relationship where either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.
3. " Disciplinary action" means the dismissal, the demotion or any suspension of a law enforcement officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer.
4. " Excusable neglect" means neglect or inadvertence that might be the act of a reasonably prudent person under similar circumstances.
5. " Good faith" means honesty of purpose and absence of intent to defraud.
6. " Investigative file" means the law enforcement agency's complete report and any attachments detailing the incidents leading to the disciplinary action.
7. " Just cause" means:
(a) The employer informed the law enforcement 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.
8. " Law enforcement officer" means:
(a) An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.
(b) A detention or corrections officer, other than a probationary employee or juvenile detention officer, who is employed by this state or a political subdivision of this state.
(c) A nonprobationary regularly appointed and paid deputy sheriff of a county.
(d) A nonprobationary regularly employed police officer in a city or town.
Section: Previous 38-1001 38-1002 38-1003 38-1004 38-1005 38-1006 38-1007 38-1101 38-1102 38-1103 38-1104 38-1105 38-1106 38-1107 38-1108 NextLast modified: October 13, 2016