We appreciate the hard work and professionalism of our FOP legislative committee and our lobbyists; Don Isaacson and Norm Moore. Working together, we have achieved complete success on our 2010 FOP legislative agenda.  To underscore the FOP’s success, it’s important to note that only a single “no” vote was recorded as our bills moved through the Senate and House. The Governor signed our bills and they will become law on July 29, 2010.

As a result of the FOP’s efforts, the due process rights of law enforcement officers in Arizona have been improved.  In addition, the CORP Reverse DROP program has been extended and the ability to purchase previous service time has been expanded.

As usual, the legislature and the governor have been very supportive of our FOP bills.  In lobbying our bills, we also gained the support of the Arizona Chiefs of Police Association, the Maricopa County Sheriff’s Office and many others who signed on in favor of our bills.

Norm Moore, who was the Chief Clerk for the House of Representatives from 1992 to 2009, joined Don Isaacson's law firm and now helps represents the FOP at the legislature.  Of special significance, in the late hours of the legislative session, the legislature honored Norm by passing House Concurrent Resolution 2071, giving him the honorary title of "Chief Clerk Emeritus." 

The FOP is privileged to have Norm Moore on our legislative team.

FOP Bill: SB-1325  polygraph examinations; interviews; law enforcement
As background, ARS 38-1101 is the law that provides due process rights for law enforcement officers during administrative investigations. The FOP has been making improvements to this law for many years.  This year, SB1325, sponsored by Senator Linda Gray, made several important changes to our law enforcement due process rights. 

Provisions

• States that statutory guidelines apply to employer interviews of law enforcement officers or probation officers if the law enforcement officer or probation officer reasonably believes the investigation could result in a dismissal, demotion or suspension.  Previously, only the agency could invoke the provisions of ARS 38-1101.
• Specifies that if a representative from the same agency of the law enforcement officer is not reasonably available to be present during the interview, with the employer’s permission, the representative may be from the law enforcement officer’s professional membership organization. 
• Specifies that the written notice informing the law enforcement officer or probation officer of the specific nature of the investigation contain the following:
  • Alleged facts that are the basis of the investigation.
  • Copies of all complaints that are reasonably available which contain the alleged facts, except for copies of complaints that involve matters pursuant to federal laws under the jurisdiction of the Equal Employment Opportunity Commission.
• Specifies that all data and reports from a polygraph examination of a law enforcement officer or probation officer are confidential and may only be used for the purposes of employment, certification or reactivation of certification or the administrative matter for which a polygraph was administered, including other ancillary matters. 
• Requires the data and reports from a polygraph examination of a law enforcement officer or probation officer be destroyed, as soon as practicable, three years after the date of appointment or employment but not more than 90 days after that date, except for a pre-employment polygraph in which an applicant was not hired or in the case of an active investigation or an appeal.
• Modifies the definition of disciplinary action to mean the dismissal, demotion or suspension for more than 16 hours (reduced from 24 hours) of a law enforcement officer or probation officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer.

FOP Bill – SB1124; CORP; reverse DROP; extension

In 2006, the FOP requested that a DROP program be implemented for Corrections and Detention Officers.  The legislature approved a reverse DROP program, however, the law also included a sunset date of June 30, 2011.  This year, we asked the Legislature and the Governor to extend the CORP reverse DROP program to June 30, 2016.  Senator Al Melvin, who is a strong supporter of Corrections employees, sponsored the bill.

Provisions

• Extends the date of the reverse deferred retirement option plan (DROP) offered to members of the correction officer retirement plan (CORP) until June 30, 2016.
• Additional Provisions
  The Department of Corrections approached us later in the session and requested permission to add an amendment to our bill which would, for one year, allow the CORP local board to designate positions that would be eligible for participation in the Corrections Officer Retirement Program.  As session law, this provision will permit the Department of Corrections and Juvenile Department of Corrections to fill non-designated positions with CORP employees if the employee is currently employed in a specified designated position and has at least five years of credited service under the plan.

FOP Amendment to HB2067 PSPRS; omnibus

During the session, we received information from members of Lodge 77 in San Luis and Lodge 28 in Sierra Vista describing an unfair situation created by specific language in the statutes governing buying back prior service for time spent working at another agency in Arizona, if that agency did not participate in PSPRS.  Basically, a few members were unable to redeem the time they spent working for an agency in Arizona while other officers were able to buy back prior service for time spent working for out-of-state agencies.

Amendment Provision

• Expands the redemption of prior service to include services to political subdivision of Arizona.

Jim Mann, Executive Director
Fraternal Order of Police
Arizona Labor Council
(602) 421-8759
jcmann@fop.net