The Arizona Police Association applauded the signing of HB2567 into law by Governor Doug Ducey. The bill, sponsored by Rep. John Kavanagh, sets the requirements for a government committee, board or entity to investigate law enforcement officer’s misconduct.
The bill requires at least two-thirds of the membership of specified entities that investigate law enforcement officer misconduct to be Arizona Peace Officer Standards and Training (AZPOST) Board-certified officers.
The Arizona Police Association says HB2567 “simply makes police review boards consistent in their construction with all other professional occupational boards. It allows for industry professionals AND public/civilian members to evaluate the actions of those who come before it.”
The AZPOST Board consists of 13 members appointed by the Governor. The AZPOST Board is statutorily charged with prescribing minimum qualifications for officers. The AZPOST Board establishes minimum courses of training and minimum standards for training facilities for officers.
HB2567 provisions:
1. Requires two-thirds of the voting membership of any government committee, board or entity to be AZPOST certified law enforcement officers who are of any rank and from the same department or agency as the law enforcement officer who is the subject of investigation or disciplinary action if that committee, board or entity:
a) Investigates law enforcement officer misconduct;
b) Influences the conduct of or certifies law enforcement officer misconduct investigations;
c) Recommends disciplinary actions for law enforcement officer misconduct; or
d) Imposes discipline for law enforcement officer misconduct. (Sec. 1)
2. States that if the committee, board or entity consists of nonvoting members, no more than one-third of the members can be nonvoting members. (Sec. 1)
3. Allows a supervisor, a department or agency head that supervises a law enforcement officer to investigate and impose discipline for a law enforcement officer’s misconduct if the committee, board or entity does not meet the requirements to investigate. (Sec. 1)
4. States this does not apply to a governmental review committee, board or entity that does not determine the initial level of discipline or have authority to increase the severity of the disciplinary action. (Sec. 1)
5. Exempts AZPOST from the requirement that members of the government committee, board or entity be from the same department or agency. (Sec. 1)