Bill Text: AZ HB2648 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Police functions; revocation; officer misconduct
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-03-13 - Referred to Senate PS Committee [HB2648 Detail]
Download: Arizona-2013-HB2648-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HOUSE BILL 2648 |
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AN ACT
amending Title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.32; amending section 41‑1821, Arizona Revised Statutes; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.32, to read:
9-500.32. Revocation of peace officer certification; loss of authority to establish and regulate police; law enforcement regulation by county; reimbursement; reinstatement
A. A city or town does not have the authority prescribed by this title to establish, regulate, appoint or remove the police of the city or town and to prescribe their powers and duties if the following percentage of the city's or town's police officers have had their peace officer certifications revoked by the Arizona peace officer standards and training board, which is determined where the number of police officers whose certifications have been revoked at any time during a consecutive five-year period is the numerator and the average number of certified police officers employed by the city or town as determined by the city or town police department's peace officer standards training certification records over the same period of time is the denominator:
1. Fifty per cent for a city or town with ten or fewer police officers.
2. Twenty-five per cent but not less than five police officers for a city or town with more than ten police officers but fewer than fifty police officers.
3. Fifteen per cent for a city or town with more than fifty police officers.
B. The Arizona peace officer standards and training board shall determine if fifty per cent or more of a city's or town's police officers certifications have been revoked pursuant to subsection A of this section and find whether there is systemic misconduct or mismanagement within the city's or town's police department or agency. If the Arizona peace officer standards and training board determines that the provisions of subsection A of this section have been met and finds that there is systemic misconduct or mismanagement within the city's or town's police department or agency, the board shall notify the state attorney general. The attorney general shall confirm that the provisions of subsection A of this section have been met. If the provisions of subsection A of this section have been met, the attorney general shall notify the county board of supervisors of the county in which the city or town is located. On agreement by the board of supervisors, the board, by supermajority vote, shall concur and notify the city or town and the city or town shall forfeit control of the law enforcement authority of the city or town. The board of supervisors shall Appoint a neutral third‑party municipal law enforcement administrator who has experience in law enforcement management and who is certified by the Arizona peace officer standards and training board pursuant to section 41‑1822 or who has at least ten-years experience in law enforcement management for a two‑year period and the municipal law enforcement administrator shall immediately assume the law enforcement functions and administrative duties of the police department or agency within the city or town. The board of supervisors may extend the appointment of the municipal law enforcement administrator for not more than two one‑year periods.
C. Within sixty days of the board of supervisor's appointment of the municipal law enforcement administrator, the city or town shall reimburse the municipal law enforcement administrator for all reasonable costs for providing such law enforcement functions and administrative duties of the police department or agency within the city or town. The board of supervisors shall determine reasonable costs by using the average of the monies budgeted for law enforcement functions and administrative duties of the police department or agency over the three previous fiscal years. In any year in which the municipal law enforcement administrator assumes the law enforcement functions and administrative duties of the police department or agency of the city or town, the municipal law enforcement administrator's cost shall not exceed the average of the monies budgeted for law enforcement functions and administrative duties of the police department or agency over the three previous fiscal years. If a city or town fails to reimburse the municipal law enforcement administrator for the cost of providing the law enforcement functions and administrative duties of the police department or agency, on notification by the county, the state treasurer shall withhold from the monies that would otherwise be distributed to the city or town pursuant to section 42‑5029 the amount computed by the county to provide the law enforcement functions and administrative duties of the police department or agency and transmit these monies to the municipal law enforcement administrator.
D. Within six months after the municipal law enforcement administrator has assumed the law enforcement functions within the city or town, the municipal law enforcement administrator, in consultation with the county board of supervisors and the city or town, shall begin to prepare a written report that shall include at least:
1. The causes of the revocations of peace officer certifications.
2. A cost analysis for the assumption of the law enforcement functions by the city or town.
3. A list of training requirements, policies and procedures intended to remedy the reasons for revocations determined pursuant to subsection B of this section.
E. The municipal law enforcement administrator shall forward a copy of the report to the attorney general.
F. After five years from forfeiting control of the law enforcement functions, the city or town may make a request to the board of supervisors to reinstate control of the law enforcement functions to the city or town. Within sixty days after receiving a request, the board of supervisors shall act on the matter and if a majority vote of the board agrees, the board shall reinstate control of the law enforcement functions back to the city or town.
G. This section does not give a city or town or a law enforcement agency any legal interest or standing in an Arizona peace officer standards and training board proceeding involving the certification of any of the law enforcement agency's police officers.
Sec. 2. Section 41-1821, Arizona Revised Statutes, is amended to read:
41-1821. Arizona peace officer standards and training board; membership; appointment; term; vacancies; meetings; compensation; acceptance of grants
A. An Arizona peace officer standards and training board is established that consists of thirteen members appointed by the governor. The membership shall include:
1. Two sheriffs, one appointed from a county having a population of two hundred thousand or more persons and the remaining sheriff appointed from a county having a population of less than two hundred thousand persons.
2. Two chiefs of city police, one appointed from a city having a population of sixty one hundred fifty thousand or more persons and the remaining chief appointed from a city having a population of less than sixty one hundred fifty thousand persons, as reflected by the most recent United States decennial census.
3. A college faculty member in public administration or a related field.
4. The attorney general.
5. The director of the department of public safety.
6. The director of the state department of corrections.
7. One member who is employed in administering county or municipal correctional facilities.
8. Two certified law enforcement officers with a rank of patrolman officer, deputy or sergeant, with one appointed from a county sheriff's office and the other from a city police department.
9. Two public members.
B. The governor shall appoint a chairman from among the members at its first meeting and every year thereafter, except that an ex officio member shall not be appointed chairman. The governor shall not appoint more than one member from the same law enforcement agency. No board member who was qualified when appointed becomes disqualified unless the member ceases to hold the office that qualified the member for appointment.
C. Meetings shall be held at least quarterly or upon on the call of the chairman or by the written request of five members of the board or by the governor. A vacancy on the board shall occur when a member except an ex officio member is absent without the permission of the chairman from three consecutive meetings. The governor may remove a member except an ex officio member for cause.
D. The term of each regular member shall be is three years unless a member vacates the public office which that qualified the member for this appointment.
E. The board members are not eligible to receive per diem but are eligible to receive reimbursement for travel expenses pursuant to title 38, chapter 4, article 2.
F. On behalf of the board, the executive director may seek and accept contributions, grants, gifts, donations, services or other financial assistance from any individual, association, corporation or other organization having an interest in police training, and from the United States of America and any of its agencies or instrumentalities, corporate or otherwise. Only the executive director of the board may seek monies pursuant to this subsection. Such monies shall be deposited in the fund created by section 41‑1825.
G. Membership on the board shall not constitute the holding of an office, and members of the board shall not be required to take and file oaths of office before serving on the board. No member of the board shall be disqualified from holding any public office or employment nor shall such member forfeit any such office or employment by reason of such member's appointment, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
Sec. 3. Terms of Arizona peace officer standards and training board members
Notwithstanding section 41‑1821, Arizona Revised Statutes, as amended by this act, a person who is serving as a member of the Arizona peace officer standards and training board on the effective date of this act is eligible to continue serving until expiration of the current term of office.
Sec. 4. Applicability
Section 9‑500.32, Arizona Revised Statutes, as added by this act, only applies to the revocations of peace officer certifications that occur on or after the effective date of this act.
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
