As you know COI, COII and COIII's will remain "covered" which means they will have 38-1101 rights, personnel board appeal rights, and may still file grievances.
Sergeant and above are "uncovered" and can be fired for any reason (or no reason) also has no right to appeal to the personnel board and can only file grievances based on discrimination.
HOWEVER: The legislature failed to modify ARS 38-1104 which provides... "A law enforcement officer shall not be subject to disciplinary action except for just cause."
(a) The employer informed the 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 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 supported by a preponderance of evidence that the conduct occurred.
(d) The discipline is not excessive and reasonably related to the seriousness of the offense and the officer's service record.
Our position (AZCPOA) is that Sergeant and above, are not really "at-will" because of the just cause language. Sergeant and above should have representation rights under 38-1101.
NOW what this means is, the attention will be centered on the definition of "Law Enforcement Officer".
4. "Law enforcement officer" means:
(b) A correction officer or detention officer, excluding a juvenile detention officer, employed by this state or a political subdivision of this state.
We believe the State's position on this issue is going to be that "correction officer" means COI, II, and III but not Sergeant and above because they are not a "co".
We are hoping that after the personnel reform takes effect, the first time a Sergeant or above is denied 38-1101 rights, we will be in court! ADC should not be able to simply fire anyone for "no reason".
Sergeant and above are "uncovered" and can be fired for any reason (or no reason) also has no right to appeal to the personnel board and can only file grievances based on discrimination.
HOWEVER: The legislature failed to modify ARS 38-1104 which provides... "A law enforcement officer shall not be subject to disciplinary action except for just cause."
(a) The employer informed the 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 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 supported by a preponderance of evidence that the conduct occurred.
(d) The discipline is not excessive and reasonably related to the seriousness of the offense and the officer's service record.
Our position (AZCPOA) is that Sergeant and above, are not really "at-will" because of the just cause language. Sergeant and above should have representation rights under 38-1101.
NOW what this means is, the attention will be centered on the definition of "Law Enforcement Officer".
4. "Law enforcement officer" means:
(b) A correction officer or detention officer, excluding a juvenile detention officer, employed by this state or a political subdivision of this state.
We believe the State's position on this issue is going to be that "correction officer" means COI, II, and III but not Sergeant and above because they are not a "co".
We are hoping that after the personnel reform takes effect, the first time a Sergeant or above is denied 38-1101 rights, we will be in court! ADC should not be able to simply fire anyone for "no reason".
| • | SGT Hess Christopher R.U.S.H. |
| • | COII Arvallo Steven Lewis Complex |
| • | LT Verdugo Ernest Tucson Complex |
| • | COII James Troy Eyman Complex |
| • | COII Winton Natasha Yuma Complex |
| • | LT Hilborne Ezikiah Winslow Complex |
| • | SGT Vaca Daniel Eyman Complex |
| • | COII Marconi Kristin Florence Complex |
| • | COIII Chavez Cynthia Tucson Complex |
| • | COII Rahman Kimberly Perryville Complex |
| • | COII Shultis Susan Lewis Complex |
| • | COII Maxwell Jeremy Douglas Complex |
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Attention All AZCPOA Members:
Recently, the AZCPOA Executive Board, through it's General Counsel had a letter sent to Director Ryan on the behalf of Lt. Perron. The letter highlights some of the issues with the investigation and also asks for a public apology from ADC to Lt. Perron. Please click the link below to view the actual letter that was received.
Recently, the AZCPOA Executive Board, through it's General Counsel had a letter sent to Director Ryan on the behalf of Lt. Perron. The letter highlights some of the issues with the investigation and also asks for a public apology from ADC to Lt. Perron. Please click the link below to view the actual letter that was received.
Remember these names at Re-Election time...
For they are the ones to vote YES to HB-2571 and took YOUR privlages away
For they are the ones to vote YES to HB-2571 and took YOUR privlages away
Senate
| Sylvia Allen | sallen@azleg.gov | John McComish | jmccomish@azleg.gov | |
| Frank Antenori | fantenori@azleg.gov | Al Melvin | amelvin@azleg.gov | |
| Nancy Barto | nbarto@azleg.gov | Rick Murphy | rmurphy@azleg.gov | |
| Judy Burges | jburges@azleg.gov | John Nelson | jnelson@azleg.gov | |
| Rich Crandall | rcrandall@azleg.gov | Steve Pierce | spierce@azleg.gov | |
| Adam Driggs | adriggs@azleg.gov | Michele Reagan | mreagan@azleg.gov | |
| Ron Gould | rgould@azleg.gov | Don Shooter | dshooter@azleg.gov | |
| Linda Gray | lgray@azleg.gov | Steve Smith | stevesmith@azleg.gov | |
| Lori Klein | lklein@azleg.gov | Steve Yarbrough | syarbrough@azleg.gov | |
| Jerry Lewis | jlewis@azleg.gov |
House
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Under ARS 38-1104, "Just cause" means:
The statute (ARS 38-1104) defines law enforcement officer as:
We will keep you informed on this important topic and your rights as we gather more information....
