A. An employer may not administer a polygraph examination to a law enforcement officer in administrative investigations.

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Terms Used In Arizona Laws 38-1108

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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 results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action.

C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited.

D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date.

E. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.