reglab/housing_qa huggingface dataset:
AZ Rev Stat § 38-1003 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1003 - Powers and duties of council

38-1003.  Powers and duties of council The council,  pursuant to recognized merit system principles of public employment,  shall from time to time: 1. On a recommendation from the department head,  classify or reclassify the specified positions occupied by law enforcement officers within the branch of government employing the officer and recommend schedules of salary and other compensation payable for the officer classification. 2. Review standards and qualifications of all positions that are classified and recommend any changes to the human resources director. 3. In consultation with the department head,  provide a plan for fair and impartial selection,  appointment,  retention and separation or removal from service by resignation or dismissal of all classified law enforcement officers. Paragraph 4 of this section applies to appointments. 4. Provide a plan with recommendations for the promotion of law enforcement officers that shall give appropriate consideration to qualifications,  record of performance,  seniority and conduct within the field of law enforcement. Vacancies within a department shall be filled whenever possible by promotion within a department and shall be on the basis of competitive examination. If a vacancy occurs within a department,  the council,  on request,  shall certify to the head of the department the names of officers in the order of the officer's relative excellence in the competitive examination from which certified list the appointment or promotion may be made. 5. Adopt rules necessary for the orderly administration of this article. 6. Hear and review appeals from any order of the department head in connection with suspension,  demotion or dismissal of a classified law enforcement officer. If the order of the department head was for a suspension greater than sixteen hours,  demotion or dismissal and the council exonerates the officer,  the council may award,  in whole or in part,  the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The award of attorney fees by the council shall not exceed ten thousand dollars. An award of attorney fees does not apply if either of the following applies: (a) The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force. (b) The disciplinary action related to off-duty activities unrelated to the required duties of the law enforcement officer. The council's determination shall be final except on appeal as provided in section 38-1004. If the department head appeals the decision of the council,  the council's award of any costs or attorney fees to an officer shall be stayed pending the conclusion of the appeal. If the department head's decision is upheld on appeal,  the award of costs or attorney fees in favor of the officer shall be reversed.
AZ Rev Stat § 38-1005 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1005 - Status of persons employed prior to merit system institution

38-1005.  Status of persons employed prior to merit system institution All law enforcement officers holding a position on the effective date of this article shall be continued in their respective positions without examination,  until removed from such positions,  under the provisions of the merit system established pursuant to this article.
AZ Rev Stat § 38-1006 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1006 - Authority of city or town to use county merit system council

38-1006.  Authority of city or town to use county merit system council A. Any city or town so desiring may use the services of the county merit system council,  in lieu of appointing a merit council of its own,  by applying to the county board of supervisors and paying their proportionate share of the expenses of the council. B. In the event a county adopts by resolution a merit system for all of its employees,  then the provisions of this article as it pertains to county employees shall be administered by the county employee merit system commission.
AZ Rev Stat § 38-1007 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1007 - Exemptions

38-1007.  Exemptions Except as provided by section 38-1004,  subsection C,  the provisions of this article shall not apply to: 1. A county having a population,  according to the last federal census,  of less than two hundred fifty thousand inhabitants,  unless the board of supervisors of such county passes a resolution adopting the provisions of this article. 2. A city or town with a population of less than fifteen thousand inhabitants according to the last federal census,  or with a full-time police department of less than fifteen men,  unless the city council of such city or town passes an ordinance adopting the provisions of this article. 3. A city or town in which there is maintained a merit system or civil service plan for its employees.
AZ Rev Stat § 38-1101 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1101 - Definitions

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 a result of misconduct or unsatisfactory performance. 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,  including complaints,  audio recordings,  video recordings,  photographs,  witness statements and exculpatory and mitigating evidence. 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.
AZ Rev Stat § 38-1102 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1102 - Peace officers bill of rights; preemption

38-1102.  Peace officers bill of rights;  preemption A peace officers bill of rights is established. This article does not preempt agreements that supplant,  revise or otherwise deviate from the provisions of this article,  including written agreements between the employer and the law enforcement officer or the law enforcement officer's lawful representative association.
AZ Rev Stat § 38-1103 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1103 - Discipline of law enforcement officers; exceptions

38-1103.  Discipline of law enforcement officers;  exceptions A. A law enforcement officer is not subject to disciplinary action except for just cause. B. This section does not apply to: 1. A dismissal or demotion that is for administrative purposes,  including a reduction in force. 2. A law enforcement officer who is employed by an agency of this state as an at will employee.
AZ Rev Stat § 38-1105 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1105 - Law enforcement officer as witness; right to representation; exception

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. 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.
AZ Rev Stat § 38-1107 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1107 - Superior court review hearing; remedy; exceptions

38-1107.  Superior court review hearing;  remedy;  exceptions A. If a law enforcement officer is demoted or terminated as the result of an employer or a person acting on behalf of an employer reversing the decision or recommendation of a hearing officer,  administrative law judge or appeals board where the finding states that there was no just cause for the demotion or termination,  the law enforcement officer may bring an action in superior court for a hearing de novo on the demotion or termination. B. If a law enforcement officer is demoted or terminated by an employer or a person acting on behalf of an employer where there is no hearing officer,  administrative law judge or appeals board to review the demotion or termination,  the law enforcement officer may bring an action in superior court to review the agency's file. If the court finds from a review of the file that there was no just cause for the demotion or termination,  the officer is entitled to a hearing de novo on the demotion or termination. C. If the superior court finds that just cause for a demotion or termination did not exist,  the court shall order the officer reinstated to the officer's previous position with the law enforcement agency and may award to the law enforcement officer monetary damages that shall not exceed the officer's combined total of wages and benefits during the period of imposed disciplinary action that was lost as a result of the demotion or termination. D. An action pursuant to subsection A or B of this section shall be commenced within thirty-five calendar days after a copy of the decision sought to be reviewed is served on the law enforcement officer. E. In an action pursuant to subsection A or B of this section the court may award the successful party reasonable attorney fees as set forth in section 12-341.01,  subsection B and shall award the successful party all costs pursuant to section 12-341. F. This section does not apply to a law enforcement officer who is employed as an at will employee: 1. As a police chief or an assistant police chief in a law enforcement agency. 2. By an agency of this state.
AZ Rev Stat § 38-1108 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1108 - Polygraph examinations; exception

38-1108.  Polygraph examinations;  exception A. 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. B. 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. C. Except for a preemployment polygraph after which an applicant was not hired or in the case of an active investigation or 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. 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.
AZ Rev Stat § 38-1109 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1109 - Confidentiality of records; exception

38-1109.  Confidentiality of records;  exception A. An employer shall not include in that portion of the personnel file of a law enforcement officer that is available for public inspection and copying any information about an investigation until the investigation is complete or the employer has discontinued the investigation. B. If the law enforcement officer has timely appealed a disciplinary action,  the investigation is not complete until the conclusion of the appeal process. This subsection does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.
AZ Rev Stat § 38-1110 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1110 - Time limitation on disciplinary action against law enforcement officer; exceptions

38-1110.  Time limitation on disciplinary action against law enforcement officer;  exceptions A. An employer shall make a good faith effort to complete any investigation of employee misconduct within one hundred eighty calendar days after the employer receives notice of the allegation by a person authorized by the employer to initiate an investigation of the misconduct. The investigation is considered complete on the date the employee is served with the notice of discipline or the notice of findings. Before the employer exceeds the one hundred eighty calendar day limit,  the employer shall provide the employee with a written explanation containing the reasons the investigation continued beyond one hundred eighty calendar days. B. The limitation period established by subsection A of this section: 1. Is suspended during the time that any criminal investigation or prosecution is pending in connection with the act,  omission or other allegation of misconduct. 2. Is suspended during the period of time in which a law enforcement officer who is involved in the investigation is incapacitated or otherwise unavailable. 3. May be suspended for a period prescribed in a written waiver of the limitation by the law enforcement officer.  4. May be suspended for emergencies or natural disasters during the time period in which the governor has declared a state of emergency within the jurisdictional boundaries of the concerned employer. 5. In a multijurisdictional investigation,  may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved.  C. On an appeal of discipline by the employee,  a hearing officer,  administrative law judge or appeals board may dismiss the discipline if it is determined that the employer did not make a good faith effort to complete the investigation within one hundred eighty calendar days. The allegation regarding any act,  omission or other misconduct may be sustained,  and the employee's record shall reflect that the allegation was sustained but no discipline was administered due to the finding of the hearing officer,  administrative law judge or appeals board that the employer did not make a good faith effort to complete the investigation in one hundred eighty calendar days. The sustained discipline may be considered when determining discipline in any future sustained misconduct allegation. If the employer determines that disciplinary action is appropriate,  the employer shall complete the employer's investigation and give notice in writing to the law enforcement officer of the employer's intent to proceed with disciplinary action,  along with a proposal of the specific action sought,  including length of suspension,  if applicable. 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.
AZ Rev Stat § 38-1111 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1111 - Critical incident stress management team member; privilege; exceptions; definitions

38-1111.  Critical incident stress management team member;  privilege;  exceptions;  definitions A. Except as provided in subsection B,  a critical incident stress management team member who,  in the course of the member's response to a critical incident at the request of the member or member's agency,  acquires information secretly and in confidence from a designated person shall not be compelled to disclose that information in a legal proceeding,  trial or investigation before any agency of this state or a political subdivision of this state. B. Subsection A does not apply if: 1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons. 2. The designated person who received crisis response services gives express consent to the testimony. 3. The communication or advice is made during the course of a criminal investigation. 4. The designated person who received crisis response services voluntarily testifies,  in which case the critical incident stress management team member may be compelled to testify on the same subject. 5. A breach of department policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement. C. For the purposes of this section: 1. " Crisis response services"  means consultation,  risk assessment,  referral and onsite crisis intervention services provided by a critical incident stress management team to a designated person. 2. " Critical incident stress management team member"  means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement,  probation,  firefighter or emergency medical provider crisis response team. 3. " Department"  means the branch of government in which a designated person is employed. 4. " Designated person"  means an emergency medical provider,  firefighter or law enforcement officer. 5. " Emergency medical provider"  means municipal or state emergency medical services personnel. 6. " Firefighter"  means a municipal or state firefighter. 7. " Law enforcement officer"  means: (a) An individual 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 officer or correction officer,  other than a probationary employee,  who is employed by this state or a political subdivision of this state.
AZ Rev Stat § 38-1115 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1115 - Officers; purchase of firearm; definitions

38-1115.  Officers;  purchase of firearm;  definitions A. On retirement,  an officer who is a member of an eligible retirement system,  subject to the officer's employer's approval,  may purchase the firearms issued by the employer to the officer at a price determined by the administrator of the agency employing the law enforcement officer. This subsection applies to an officer who is a member of an eligible retirement system and to whom a firearm is issued during the course of the officer's employment by an employer as defined in section 38-711,  38-801,  38-842 or 38-881. B. For the purposes of this section: 1. " Eligible retirement system"  means the Arizona state retirement system,  the elected officials' retirement plan,  the public safety personnel retirement system and the corrections officer retirement plan. 2. " Firearms"  means any handguns,  pistols,  revolvers,  rifles,  shotguns or other weapons that are designed to,  will or may be readily converted to expel a projectile by the action of expanding gases. 3. " Officer"  means a law enforcement officer as defined in section 38-1101 or a probation officer as defined in section 38-1131.
AZ Rev Stat § 38-1116 (2021)
2021 Arizona Revised Statutes|Title 38 - Public Officers and Employees|§ 38-1116 - Use of force incident investigation; right to view recorded video; statement

38-1116.  Use of force incident investigation;  right to view recorded video;  statement A. In an administrative investigation of a law enforcement officer's use of force incident that resulted in a death or serious physical injury to another person,  if the law enforcement officer recorded a video,  both of the following apply: 1. The administrative investigation is not complete until after the officer has an opportunity to view the recorded video and provide any further information regarding the footage that the officer believes is relevant. 2. The law enforcement officer must be read the following notice before viewing the recorded video: Video evidence has limitations and may depict events differently than you recall. The video evidence may assist your memory and may assist in explaining your state of mind at the time of the incident. Viewing video evidence may or may not provide additional clarity to what you remember. You should not feel in any way compelled or obligated to explain any difference in what you remember and acted on from what viewing the additional evidence provides you. B. This section does not prohibit a law enforcement agency from adopting a policy or rule that relates to a law enforcement officer's review of that officer's recorded video.