This case raises the issue of whether Arizona’s presumption against retroactivity prohibits application of a 2022 amendment to the Arizona Peace Officers Bill of Rights (POBOR) to an at-will employment contract signed in 2021 between a police officer and his employer. Because the disposition of this appeal turns on an important and unsettled question of Arizona law, we submit this request to the Arizona Supreme Court to exercise its discretion and accept the following certified questions in accordance with Supreme Court of Arizona Rule 27 and Section 12-1861 of the Arizona Revised Statutes:

1. Does the presumption against retroactivity prohibit application of the 2022 amendment to Ariz. Rev. Stat. Ann. § 38-1102 to at-will employment agreements that were signed before the 2022 amendment?
2. If the presumption against retroactivity does not apply, does the 2022 amendment void the at-will employment contract between Blunt and the Town of Gilbert because the facts giving rise to Blunt’s termination occurred after enactment of the amendment, such that any discipline imposed against him by the Town must be supported by just cause?
3. If the 2022 amendment voids the at-will employment contract between Blunt and the Town of Gilbert, would that result in impairment of a vested contractual right in violation of the Contract Clause of the Arizona State Constitution?

Our phrasing of the questions should not restrict the Court’s consideration of the issues involved. The Court is not limited to the particular questions outlined above, and it may modify or expand upon the questions as it deems appropriate. If the Court decides not to accept certification, we will decide the question as we believe the Arizona Supreme Court would. See Kohler v. Inter-Tel Techs., 244 F.3d 1167, 1171 (9th Cir. 2001).

https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/03/24-3538.pdf