Arizona law sets rules for law enforcement discipline appeals

An employer must pay the officer’s eligible appeal costs and reasonable legal and expert fees. This applies when a law enforcement officer’s termination meets both decision requirements. Both the appeal decision and a later superior court action under section 38-1107 must find that the termination lacked just cause. The employer must fail to reinstate the officer.

Employers must provide specified investigation and appeal records, and they must prove their case. These rules apply to law enforcement officers’ disciplinary appeals. The officer must make a written request for the investigative file and include a copy of the filed appeal notice. The employer generally has 14 calendar days to provide the file. Parties must share witness, statement, and hearing document information at least 14 calendar days before the hearing. A decision maker may limit disclosure if the risk of harm outweighs its usefulness. Evidence may be excluded for disclosure failures unless the failure resulted from excusable neglect. The employer must provide a requested investigative file within 14 calendar days. Parties must share specified hearing information no later than 14 calendar days before the hearing.

Appeals heard by one hearing officer or administrative law judge are open to the public unless that decision maker finds good cause to close them. This applies to appeals of suspensions, demotions, or dismissals heard by a single hearing officer or administrative law judge appointed by a merit system council or appeals board. The exception applies when the hearing officer or administrative law judge finds good cause to close the hearing.