ARIZONA STATE SENATE
Phoenix, Arizona
law enforcement council;
attorney fees
Purpose
Allows the Law Enforcement
Officers Merit System Council (Council), a Civil Service Plan Appeals Board
(Appeals Board) and the superior court to award costs and reasonable attorney
fees in specified circumstances to a law enforcement officer who prevails on
appeal to the Council, an Appeals Board or the superior court.
Background
The Council has various
duties, including classifying positions occupied by law enforcement officers;
recommending salary schedules and compensation; fixing standards and
qualifications for officers; planning for fair and impartial selection,
appointment, retention and separation or removal from service; and planning for
promotion of officers. Only county
deputy sheriffs and city or town police officers are subject to the decisions
of the Council.
Another duty of the Council
is to hear and review appeals for any order of a department head in connection
with suspension, demotion or dismissal of a classified law enforcement
officer. The decision of the Council is
final except on appeal to the superior court.
If the superior court overrules the Council's determination, the officer
is reinstated to the officer's position and reimbursed for any compensation
withheld pending determination by the Council and the court.
Current procedures do not
allow for the reimbursement of costs and attorney fees to the officer who prevails
at the Council, Appeals Board or superior court level. H.B. 2357 allows the Council, Appeals Board
and the court to award costs and attorney fees to a prevailing officer.
There is no anticipated
fiscal impact to the state associated with this legislation.
Provisions
1. Permits the Council, an Appeals Board or the superior court to award all or part of the costs and reasonable attorney fees that an employee incurs in connection with an appeal regarding an order from the department head for a suspension greater than 16 hours, demotion or dismissal.
2. Prohibits awarding attorney fees if any of the following apply:
a) the order was for
administrative, not disciplinary purposes.
b) the
disciplinary action related to off-duty activities unrelated to the required
duties of the officer.
c) the Council, the Appeals Board or the superior court does not exonerate the officer.
3. Requires the award of attorney fees by the Council or Appeals Board to be stayed if appealed and reversed if the department head's decision is upheld on appeal.
4. Limits attorney fees awarded by the Council or the Appeals Board to $10,000.
5. Limits attorney fees awarded by the superior court to $15,000.
6. Makes technical and conforming changes.
7. Provides for a general effective date.
Amendments
Adopted by Committee
1. Restricts the award of attorney fees to cases where the Council or the superior court reverses the department head's decision in its entirety.
2. Limits attorney fees awarded by the superior court to $15,000.
3. Makes technical and conforming changes.
Amendments Adopted by Committee of the Whole as a
Substitute to Committee Amendment
1.
Restricts
awards of attorney fees to instances where the officer is exonerated by the
Council, an Appeals Board or the superior court.
2.
Limits
fees awarded by an Appeals Board to $10,000.
3.
Limits
fees awarded by the superior court to $15,000.
4.
Makes
technical and conforming changes.
JUD 3/19/02 DPA 9-0-0-1-0 JUD 4/16/02 DPA 6-0-2-0
APPROP 3/26/02 DPA 13-0-0-3 3rd Read 5/2/02
28-0-2-0
3rd Read 4/8/02 47-3-10-0
Prepared by Senate Staff
May 7, 2002