Brian Blunt, a 21-year veteran of the Gilbert Police Department who was promoted to commander in 2021 under an at-will employment agreement, was terminated in September 2023 following an internal investigation into allegations of unprofessional conduct. The Arizona Conference of Police and Sheriffs joined Blunt's lawsuit against the Town of Gilbert, Police Chief Michael Soelberg, and Human Resources Director Nathan Williams, claiming violations of due process and the Peace Officers Bill of Rights.
Circuit Judge Johnnie Rawlinson wrote that the case turns on whether Arizona's presumption against retroactivity bars applying the 2022 POBOR amendment to contracts signed before its enactment. The 2022 amendment changed language allowing agreements that "supplant, revise or otherwise deviate" from POBOR protections to only permit agreements that "supplement or enhance" those rights. Rawlinson noted that while the Arizona Supreme Court addressed retroactivity principles in Krol v. Industrial Commission of Arizona, "the Krol decision did not definitively resolve the specific issues presented by the facts of this case."
The federal district court had dismissed Blunt's claims, ruling that the presumption against retroactivity "squarely applies" because the legislature didn't expressly declare the amendment retroactive and it affects substantive rights. District Judge Susan Brnovich found Blunt had no constitutionally protected employment interest since his agreement clearly stated he was an at-will employee under the pre-2022 POBOR version.
The certification addresses whether retroactive application would violate Arizona's Contract Clause and could impact thousands of police employment contracts statewide. The questions are determinative of the appeal, and the Ninth Circuit noted no controlling Arizona precedent exists on the issue. The case is stayed pending the Arizona Supreme Court's decision on whether to accept certification.