§ 38-1137 – Confidentiality of records
38-1137. Confidentiality of records An employer shall not include in that portion of the personnel file of a probation officer that is available for public inspection and copying any information about an investigation until the investigation is complete or the employer has discontinued the investigation. If the probation officer has timely appealed a disciplinary action, […]
§ 38-1138 – Polygraph examinations
38-1138. Polygraph examinations A. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action. B. Notwithstanding section 39-123, all data and reports from a polygraph examination of a probation officer are confidential and may be used […]
§ 38-1139 – Critical incident stress management team member; privilege; exceptions; definitions
38-1139. Critical incident stress management team member; privilege; exceptions; definitions A. Except as provided in subsection B of this section, a critical incident stress management team member who, in the course of the member’s response to a critical incident at the request of the member or member’s agency, acquires information secretly and in confidence from […]
§ 38-1140 – Probation officers; fitness for duty; examinations; rights of probation officers; definitions
38-1140. Probation officers; fitness for duty; examinations; rights of probation officers; definitions A. An employer may order a probation officer to submit to a physical examination only if the probation officer has acted or failed to act in an observable manner that indicates that there is a physical condition materially limiting the probation officer’s ability […]
§ 38-1141 – Health insurance payments for spouse or dependents of a probation officer killed in the line of duty; applicability; definitions
38-1141. Health insurance payments for spouse or dependents of a probation officer killed in the line of duty; applicability; definitions A. Notwithstanding any other law, the surviving spouse or a surviving dependent of a deceased probation officer is entitled to receive payments for health insurance premiums from public monies of the employer of the probation […]
§ 38-1131 – Definitions
38-1131. Definitions In this article, unless the context otherwise requires: 1. " Appeal" means a hearing before a state or local merit board, a civil service board or a hearing officer. 2. " Disciplinary action" means the dismissal, the demotion or any suspension of a probation officer that is authorized by statute, charter or ordinance […]
§ 38-1132 – Preemption
38-1132. Preemption This article does not preempt agreements that supplant, revise or otherwise deviate from the provisions of this article, including written agreements between the employer and the probation officer or the probation officer’s lawful representative association.
§ 38-1133 – Discipline of probation officers
38-1133. Discipline of probation officers A. A probation officer is not subject to disciplinary action except for just cause. B. This section does not apply to: 1. A dismissal or demotion that is for administrative purposes, including a reduction in force. 2. A probation officer who has not completed an initial probationary period if a […]
§ 38-1134 – Internal investigations; employee representative; polygraph examination
38-1134. Internal investigations; employee representative; polygraph examination A. If an employer interviews a probation officer in the course of an administrative investigation and the employer or probation officer reasonably believes that the interview could result in dismissal, demotion or suspension: 1. The probation officer may request to have a representative of the officer present at […]
§ 38-1135 – Probation officers as witnesses; right to representation
38-1135. Probation officers as witnesses; right to representation A. If a probation officer is designated as a witness by the probation officer’s employer in an investigation that could lead to another probation officer’s dismissal, demotion or suspension, the witness probation officer may request to have a representative present at no cost to the employer during […]