Senate File 267 - Introduced SENATE FILE 267 BY COURNOYER A BILL FOR An Act relating to the Iowa law enforcement academy council 1 including the revocation or suspension of certifications 2 of law enforcement officers and reserve peace officers, 3 and administrative investigations under the peace officer, 4 public safety, and emergency personnel bill of rights. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1986XS (4) 90 as/rh
S.F. 267 Section 1. Section 80B.6, subsection 1, paragraph a, Code 1 2023, is amended to read as follows: 2 a. Three residents One resident of the state. 3 Sec. 2. Section 80B.6, subsection 1, Code 2023, is amended 4 by adding the following new paragraphs: 5 NEW PARAGRAPH . l. A member of the Iowa fraternal order of 6 police. 7 NEW PARAGRAPH . m. A police officer employed by a regents 8 institution. 9 Sec. 3. Section 80B.13A, subsection 1, paragraphs a and b, 10 Code 2023, are amended to read as follows: 11 a. Final means that all appeals through a grievance 12 procedure , civil service action, or other action or procedure 13 available to the officer or civil service have been exhausted. 14 b. Serious misconduct means improper or illegal actions 15 taken by a law enforcement officer or reserve peace officer in 16 connection with the officers official duties including but not 17 limited to a conviction for a felony, fabrication of evidence, 18 repeated use of excessive force in violation of clearly 19 established law , acceptance of a bribe, or the commission of 20 fraud. 21 Sec. 4. Section 80B.13A, subsection 2, paragraph c, Code 22 2023, is amended to read as follows: 23 c. Left, Knowingly left or voluntarily quit , or been 24 laid off when the officer was notified of a disciplinary 25 investigation or action was imminent or pending which could 26 would have resulted in the law enforcement officer being 27 discharged or the reserve peace officer being removed for 28 serious misconduct, if the council determines that the officer 29 engaged in serious misconduct. 30 Sec. 5. Section 80B.13A, subsection 3, unnumbered paragraph 31 1, Code 2023, is amended to read as follows: 32 The council may revoke or suspend the certification of a law 33 enforcement officer or reserve peace officer and may publicly 34 or privately reprimand a law enforcement officer, reserve peace 35 -1- LSB 1986XS (4) 90 as/rh 1/ 6
S.F. 267 officer, or employing agency due to any of the following: 1 Sec. 6. Section 80B.13A, subsection 4, Code 2023, is amended 2 to read as follows: 3 4. a. An employing agency shall notify the council within 4 ten days of any termination of employment of a law enforcement 5 officer or appointment as a reserve peace officer. The 6 notification must state whether the law enforcement officer or 7 reserve peace officer was discharged or removed for serious 8 misconduct , or whether the officer left, voluntarily quit, or 9 was laid off when was notified of a disciplinary investigation 10 or action was imminent or pending which could would have 11 resulted in the officer being discharged or removed for serious 12 misconduct , whether the officer left or voluntarily quit, and 13 whether the action taken by the agency is final . 14 b. If the law enforcement officer or reserve peace officer 15 exercises any right to hold the decision of an employing agency 16 in abeyance, or appeals, grieves, or contests the officers 17 termination as provided by law, the employing agency shall 18 notify the council in writing within ten days of the filing of 19 such action by the officer. 20 c. Upon request by the council, the employing agency shall 21 provide any additional information or documentation about the 22 officer including confidential records or information under 23 section 22.7 or other applicable law to the council. 24 Sec. 7. Section 80B.13A, Code 2023, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 3A. A decision of the council to revoke 27 the certification of a law enforcement officer or reserve peace 28 officer, to suspend a law enforcement officer or reserve peace 29 officers certification, or any other action against an officer 30 or employing agency shall be made by a majority vote of the 31 council. 32 NEW SUBSECTION . 4A. An action for revocation or suspension 33 of the certification of a law enforcement officer or reserve 34 peace officer shall not be maintained by the council unless the 35 -2- LSB 1986XS (4) 90 as/rh 2/ 6
S.F. 267 action is commenced within one hundred eighty days from the 1 date the council was notified of the grounds for the revocation 2 or suspension. 3 Sec. 8. Section 80F.1, subsection 1, paragraphs c and f, 4 Code 2023, are amended to read as follows: 5 c. Formal administrative investigation means an 6 investigative process ordered by a commanding officer of an 7 agency or commanders designee during which the investigation 8 and questioning of an officer is intended to gather evidence 9 to determine the merit of a complaint , which may be the basis 10 for administrative charges seeking the removal, discharge, or 11 suspension, or other disciplinary action against the officer. 12 f. Officer means a certified law enforcement officer, 13 fire fighter, emergency medical technician or medical 14 provider , corrections officer, detention officer, jailer, 15 probation or parole officer, communications officer, or any 16 other law enforcement officer certified in training or whose 17 certification is governed by the Iowa law enforcement academy , 18 and employed by a municipality, county, or state agency. 19 Sec. 9. Section 80F.1, subsection 5, Code 2023, is amended 20 to read as follows: 21 5. a. An officer who is the subject of a complaint, shall 22 at a minimum, be provided a written summary of the complaint 23 prior to an interview. If a collective bargaining agreement 24 applies, the complaint or written summary shall be provided 25 pursuant to the procedures established under the collective 26 bargaining agreement. If the complaint alleges domestic abuse, 27 sexual abuse, workplace harassment, or sexual harassment, an 28 officer shall not receive more than a written summary of the 29 complaint. 30 b. Upon written request of the officer or the officers 31 legal counsel, the employing agency shall provide to the 32 officer or the officers legal counsel a complete copy of the 33 officers incident report and the officers video or audio 34 recordings from the incident giving rise to the complaint 35 -3- LSB 1986XS (4) 90 as/rh 3/ 6
S.F. 267 without unnecessary delay prior to an interview of the officer. 1 Nothing in this paragraph shall be construed to constitute a 2 disclosure of public records. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanations substance by the members of the general assembly. 6 This bill relates to the Iowa law enforcement academy 7 council (council) including the revocation or suspension of 8 certifications of law enforcement officers and reserve peace 9 officers, and administrative investigations under the peace 10 officer, public safety, and emergency personnel bill of rights. 11 IOWA LAW ENFORCEMENT ACADEMY COUNCIL. Current law 12 provides that the council consists of 13 voting members 13 appointed by the governor, subject to confirmation by the 14 senate, which includes 3 residents of the state. The bill 15 provides that the council shall include one resident of the 16 state, and adds one member of the Iowa fraternal order of 17 police and one peace officer employed by a regents institution 18 to the membership of the council. 19 The bill provides that a final decision for purposes of 20 the revocation or suspension of the certification of a law 21 enforcement officer or peace officer by the council means 22 that all appeals through a grievance procedure, civil service 23 action, or other action or procedure available to the officer 24 have been exhausted, and serious misconduct includes the 25 repeated use of excessive force in violation of clearly 26 established law. 27 The bill provides that the council shall revoke the 28 certification of a law enforcement officer or reserve peace 29 officer upon a finding that the law enforcement officer or 30 reserve peace officer knowingly left or voluntarily quit when 31 the officer was notified of a disciplinary investigation or 32 action which would have resulted in the law enforcement officer 33 being discharged or the reserve peace officer being removed for 34 serious misconduct, if the council determines that the officer 35 -4- LSB 1986XS (4) 90 as/rh 4/ 6
S.F. 267 engaged in serious misconduct. 1 The bill provides that the council may revoke or suspend 2 the certification of a law enforcement officer or reserve 3 peace officer and may publicly or privately reprimand a law 4 enforcement officer, reserve peace officer, or employing 5 agency due to any of the following: a violation of any rules 6 authorized and adopted by the council, when an employing agency 7 recommends to the council that revocation or suspension would 8 be appropriate, or when the attorney general recommends that 9 revocation or suspension would be appropriate. 10 The bill amends current law to provide that notification 11 of the council by an employing agency of any termination of 12 employment of a law enforcement officer or appointment as a 13 reserve peace officer must state whether the law enforcement 14 officer or reserve peace officer was discharged or removed 15 for serious misconduct, whether the officer was notified 16 of a disciplinary investigation or action which would have 17 resulted in the officer being discharged or removed for serious 18 misconduct, whether the officer left or voluntarily quit, and 19 whether the action taken by the agency is final. 20 The bill provides that if a law enforcement officer or 21 reserve peace officer exercises any right to hold the decision 22 of an employing agency in abeyance, or appeals, grieves, or 23 contests the officers termination, the employing agency shall 24 notify the council in writing within 10 days of the filing of 25 such action by the officer. 26 The bill provides that a decision of the council to revoke 27 the certification of a law enforcement officer or reserve peace 28 officer, to suspend the certification of a law enforcement 29 officer or reserve peace officer, or any other action against 30 an officer or employing agency shall be made by a majority 31 vote of the council. An action for revocation or suspension 32 of the certification of a law enforcement officer or reserve 33 peace officer shall not be maintained by the council unless the 34 action is commenced within 180 days from the date the council 35 -5- LSB 1986XS (4) 90 as/rh 5/ 6
S.F. 267 was notified of the grounds for the revocation or suspension. 1 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL 2 OF RIGHTS (CODE CHAPTER 80F). The bill amends the definition 3 of formal administrative investigation relating to formal 4 administrative investigations of officers to include an 5 investigative process ordered by a commanding officer of an 6 agency or commanders designee during which the investigation 7 and questioning of an officer is intended to gather evidence to 8 determine the merit of a complaint filed against the officer, 9 which may be the basis for administrative charges seeking 10 the removal, discharge, or suspension, or other disciplinary 11 action against the officer. The bill amends the definition 12 of officer to include a medical provider and any other law 13 enforcement officer in training or whose certification is 14 governed by the Iowa law enforcement academy, and employed by a 15 municipality, county, or state agency. 16 The bill provides that upon written request of an officer or 17 an officers legal counsel, the employing agency shall provide 18 to the officer or the officers legal counsel a complete copy 19 of the officers incident report and the officers video or 20 audio recordings from the incident giving rise to the complaint 21 without unnecessary delay prior to an interview of the officer. 22 The bill provides that the provision of the report and audio 23 and video recordings shall not be construed to constitute a 24 disclosure of public records. 25 -6- LSB 1986XS (4) 90 as/rh 6/ 6