Law enforcement officer investigation and discipline committee, board, agency, department, entity or person; membership; qualifications; exceptions; statewide concern

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38-1117. Law enforcement officer investigation and discipline committee, board, agency, department, entity or person; membership; qualifications; exceptions; statewide concern

A. Notwithstanding any other law, any person, or at least two-thirds of the voting membership of any government committee, board, agency, department or entity, that investigates law enforcement officer misconduct, that influences the conduct of or certifies law enforcement officer misconduct investigations, that recommends disciplinary actions for law enforcement officer misconduct or that imposes discipline for law enforcement officer misconduct must be Arizona peace officer standards and training board certified law enforcement officers who are of any rank and who are from the same department or agency as the law enforcement officer who is the subject of the investigation or disciplinary action. If the committee, board, agency, department or entity consists of nonvoting members, not more than one-third of the members may be nonvoting members.

B. If the person or committee, board, agency, department or entity does not meet the requirements prescribed in subsection A of this section, a supervisor, a department or an agency head that supervises a law enforcement officer may investigate and impose discipline for a law enforcement officer's misconduct if the supervisor, department or agency head acts independently of the person, committee, board, agency, department or entity.

C. This section does not apply to either of the following:

1. A person or a governmental review committee, board, agency, department or entity that only reviews the actions described in subsection A of this section and that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action.

2. The Arizona peace officer standards and training board.

D. The legislature finds that setting and maintaining standards of professionalism and integrity of law enforcement officers in this state are of statewide concern.


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