Arizona Laws 38-1105. Law enforcement officer as witness; right to representation; exception
A. If a law enforcement officer is designated as a witness by the law enforcement officer’s employer in an investigation that could lead to another law enforcement officer’s dismissal, demotion or suspension, the witness law enforcement officer may request to have a representative present at no cost to the employer during the witness interview. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney except that if a representative from the same agency is not reasonably available, with the employer’s permission, the witness law enforcement officer’s representative may be from the witness law enforcement officer’s professional membership organization. The witness law enforcement officer’s representative may take notes during the interview.
Terms Used In Arizona Laws 38-1105
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Disciplinary action: means the dismissal, the demotion or any suspension of a law enforcement officer that is a result of misconduct or unsatisfactory performance. See Arizona Laws 38-1101
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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. See Arizona Laws 38-1101
B. The witness law enforcement officer shall answer all questions asked by the law enforcement officer’s department investigator, and information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness law enforcement officer is served with a notice of investigation by the employer or the witness law enforcement officer is released from the confidentiality requirements of this section.
C. The witness law enforcement officer may discuss the law enforcement officer’s witness interview with the witness law enforcement officer’s representative or that representative’s legal counsel. The witness law enforcement officer, the witness law enforcement officer’s representative or that representative’s legal counsel may use the witness law enforcement officer representative’s notes only to assist the law enforcement officer in any investigation or disciplinary matter. Notes taken by the witness law enforcement officer, the witness law enforcement officer’s representative or that representative’s legal counsel do not constitute an official record of the interview. If the witness law enforcement officer or the witness law enforcement officer’s representative releases information without authorization, the employer may subject the witness law enforcement officer or the witness law enforcement officer’s representative to disciplinary action.
D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.