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Senate File 267 - IntroducedA Bill ForAn Act 1relating to the Iowa law enforcement academy council
2including the revocation or suspension of certifications
3of law enforcement officers and reserve peace officers,
4and administrative investigations under the peace officer,
5public safety, and emergency personnel bill of rights.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80B.6, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. Three residents One resident of the state.
4 Sec. 2. Section 80B.6, subsection 1, Code 2023, is amended
5by adding the following new paragraphs:
6 NEW PARAGRAPH. l. A member of the Iowa fraternal order of
7police.
8 NEW PARAGRAPH. m. A police officer employed by a regents
9institution.
10 Sec. 3. Section 80B.13A, subsection 1, paragraphs a and b,
11Code 2023, are amended to read as follows:
12a. “Final” means that all appeals through a grievance
13procedure, civil service action, or other action or procedure
14 available to the officer or civil service have been exhausted.
15b. “Serious misconduct” means improper or illegal actions
16taken by a law enforcement officer or reserve peace officer in
17connection with the officer’s official duties including but not
18limited to a conviction for a felony, fabrication of evidence,
19repeated use of excessive force in violation of clearly
20established law, acceptance of a bribe, or the commission of
21fraud.
22 Sec. 4. Section 80B.13A, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. Left, Knowingly left or voluntarily quit, or been
25laid off when the officer was notified of a disciplinary
26investigation or action was imminent or pending which could
27 would have resulted in the law enforcement officer being
28discharged or the reserve peace officer being removed for
29serious misconduct, if the council determines that the officer
30engaged in serious misconduct.
31 Sec. 5. Section 80B.13A, subsection 3, unnumbered paragraph
321, Code 2023, is amended to read as follows:
33The council may revoke or suspend the certification of a law
34enforcement officer or reserve peace officer and may publicly
35or privately reprimand a law enforcement officer, reserve peace
-1-1officer, or employing agency due to any of the following:
2 Sec. 6. Section 80B.13A, subsection 4, Code 2023, is amended
3to read as follows:
44. a. An employing agency shall notify the council within
5ten days of any termination of employment of a law enforcement
6officer or appointment as a reserve peace officer. The
7notification must state whether the law enforcement officer or
8reserve peace officer was discharged or removed for serious
9misconduct, or whether the officer left, voluntarily quit, or
10was laid off when was notified of a disciplinary investigation
11or action was imminent or pending which could would have
12resulted in the officer being discharged or removed for serious
13misconduct, whether the officer left or voluntarily quit, and
14whether the action taken by the agency is final.
15b. If the law enforcement officer or reserve peace officer
16exercises any right to hold the decision of an employing agency
17in abeyance, or appeals, grieves, or contests the officer’s
18termination as provided by law, the employing agency shall
19notify the council in writing within ten days of the filing of
20such action by the officer.
21c. Upon request by the council, the employing agency shall
22provide any additional information or documentation about the
23officer including confidential records or information under
24section 22.7 or other applicable law to the council.
25 Sec. 7. Section 80B.13A, Code 2023, is amended by adding the
26following new subsections:
27 NEW SUBSECTION. 3A. A decision of the council to revoke
28the certification of a law enforcement officer or reserve peace
29officer, to suspend a law enforcement officer or reserve peace
30officer’s certification, or any other action against an officer
31or employing agency shall be made by a majority vote of the
32council.
33 NEW SUBSECTION. 4A. An action for revocation or suspension
34of the certification of a law enforcement officer or reserve
35peace officer shall not be maintained by the council unless the
-2-1action is commenced within one hundred eighty days from the
2date the council was notified of the grounds for the revocation
3or suspension.
4 Sec. 8. Section 80F.1, subsection 1, paragraphs c and f,
5Code 2023, are amended to read as follows:
6c. “Formal administrative investigation” means an
7investigative process ordered by a commanding officer of an
8agency or commander’s designee during which the investigation
9and questioning of an officer is intended to gather evidence
10to determine the merit of a complaint, which may be the basis
11for administrative charges seeking the removal, discharge, or
12suspension, or other disciplinary action against the officer.
13f. “Officer” means a certified law enforcement officer,
14fire fighter, emergency medical technician or medical
15provider, corrections officer, detention officer, jailer,
16probation or parole officer, communications officer, or any
17other law enforcement officer certified in training or whose
18certification is governed by the Iowa law enforcement academy,
19 and employed by a municipality, county, or state agency.
20 Sec. 9. Section 80F.1, subsection 5, Code 2023, is amended
21to read as follows:
225. a. An officer who is the subject of a complaint, shall
23at a minimum, be provided a written summary of the complaint
24prior to an interview. If a collective bargaining agreement
25applies, the complaint or written summary shall be provided
26pursuant to the procedures established under the collective
27bargaining agreement. If the complaint alleges domestic abuse,
28sexual abuse, workplace harassment, or sexual harassment, an
29officer shall not receive more than a written summary of the
30complaint.
31b. Upon written request of the officer or the officer’s
32legal counsel, the employing agency shall provide to the
33officer or the officer’s legal counsel a complete copy of the
34officer’s incident report and the officer’s video or audio
35recordings from the incident giving rise to the complaint
-3-1without unnecessary delay prior to an interview of the officer.
2Nothing in this paragraph shall be construed to constitute a
3disclosure of public records.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the Iowa law enforcement academy
8council (council) including the revocation or suspension of
9certifications of law enforcement officers and reserve peace
10officers, and administrative investigations under the peace
11officer, public safety, and emergency personnel bill of rights.
12IOWA LAW ENFORCEMENT ACADEMY — COUNCIL. Current law
13provides that the council consists of 13 voting members
14appointed by the governor, subject to confirmation by the
15senate, which includes 3 residents of the state. The bill
16provides that the council shall include one resident of the
17state, and adds one member of the Iowa fraternal order of
18police and one peace officer employed by a regents institution
19to the membership of the council.
20The bill provides that a “final” decision for purposes of
21the revocation or suspension of the certification of a law
22enforcement officer or peace officer by the council means
23that all appeals through a grievance procedure, civil service
24action, or other action or procedure available to the officer
25have been exhausted, and “serious misconduct” includes the
26repeated use of excessive force in violation of clearly
27established law.
28The bill provides that the council shall revoke the
29certification of a law enforcement officer or reserve peace
30officer upon a finding that the law enforcement officer or
31reserve peace officer knowingly left or voluntarily quit when
32the officer was notified of a disciplinary investigation or
33action which would have resulted in the law enforcement officer
34being discharged or the reserve peace officer being removed for
35serious misconduct, if the council determines that the officer
-4-1engaged in serious misconduct.
2The bill provides that the council may revoke or suspend
3the certification of a law enforcement officer or reserve
4peace officer and may publicly or privately reprimand a law
5enforcement officer, reserve peace officer, or employing
6agency due to any of the following: a violation of any rules
7authorized and adopted by the council, when an employing agency
8recommends to the council that revocation or suspension would
9be appropriate, or when the attorney general recommends that
10revocation or suspension would be appropriate.
11The bill amends current law to provide that notification
12of the council by an employing agency of any termination of
13employment of a law enforcement officer or appointment as a
14reserve peace officer must state whether the law enforcement
15officer or reserve peace officer was discharged or removed
16for serious misconduct, whether the officer was notified
17of a disciplinary investigation or action which would have
18resulted in the officer being discharged or removed for serious
19misconduct, whether the officer left or voluntarily quit, and
20whether the action taken by the agency is final.
21The bill provides that if a law enforcement officer or
22reserve peace officer exercises any right to hold the decision
23of an employing agency in abeyance, or appeals, grieves, or
24contests the officer’s termination, the employing agency shall
25notify the council in writing within 10 days of the filing of
26such action by the officer.
27The bill provides that a decision of the council to revoke
28the certification of a law enforcement officer or reserve peace
29officer, to suspend the certification of a law enforcement
30officer or reserve peace officer, or any other action against
31an officer or employing agency shall be made by a majority
32vote of the council. An action for revocation or suspension
33of the certification of a law enforcement officer or reserve
34peace officer shall not be maintained by the council unless the
35action is commenced within 180 days from the date the council
-5-1was notified of the grounds for the revocation or suspension.
2PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL
3OF RIGHTS (CODE CHAPTER 80F). The bill amends the definition
4of “formal administrative investigation” relating to formal
5administrative investigations of officers to include an
6investigative process ordered by a commanding officer of an
7agency or commander’s designee during which the investigation
8and questioning of an officer is intended to gather evidence to
9determine the merit of a complaint filed against the officer,
10which may be the basis for administrative charges seeking
11the removal, discharge, or suspension, or other disciplinary
12action against the officer. The bill amends the definition
13of “officer” to include a medical provider and any other law
14enforcement officer in training or whose certification is
15governed by the Iowa law enforcement academy, and employed by a
16municipality, county, or state agency.
17The bill provides that upon written request of an officer or
18an officer’s legal counsel, the employing agency shall provide
19to the officer or the officer’s legal counsel a complete copy
20of the officer’s incident report and the officer’s video or
21audio recordings from the incident giving rise to the complaint
22without unnecessary delay prior to an interview of the officer.
23The bill provides that the provision of the report and audio
24and video recordings shall not be construed to constitute a
25disclosure of public records.
-6-as/rh
2including the revocation or suspension of certifications
3of law enforcement officers and reserve peace officers,
4and administrative investigations under the peace officer,
5public safety, and emergency personnel bill of rights.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80B.6, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. Three residents One resident of the state.
4 Sec. 2. Section 80B.6, subsection 1, Code 2023, is amended
5by adding the following new paragraphs:
6 NEW PARAGRAPH. l. A member of the Iowa fraternal order of
7police.
8 NEW PARAGRAPH. m. A police officer employed by a regents
9institution.
10 Sec. 3. Section 80B.13A, subsection 1, paragraphs a and b,
11Code 2023, are amended to read as follows:
12a. “Final” means that all appeals through a grievance
13procedure, civil service action, or other action or procedure
14 available to the officer or civil service have been exhausted.
15b. “Serious misconduct” means improper or illegal actions
16taken by a law enforcement officer or reserve peace officer in
17connection with the officer’s official duties including but not
18limited to a conviction for a felony, fabrication of evidence,
19repeated use of excessive force in violation of clearly
20established law, acceptance of a bribe, or the commission of
21fraud.
22 Sec. 4. Section 80B.13A, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. Left, Knowingly left or voluntarily quit, or been
25laid off when the officer was notified of a disciplinary
26investigation or action was imminent or pending which could
27 would have resulted in the law enforcement officer being
28discharged or the reserve peace officer being removed for
29serious misconduct, if the council determines that the officer
30engaged in serious misconduct.
31 Sec. 5. Section 80B.13A, subsection 3, unnumbered paragraph
321, Code 2023, is amended to read as follows:
33The council may revoke or suspend the certification of a law
34enforcement officer or reserve peace officer and may publicly
35or privately reprimand a law enforcement officer, reserve peace
-1-1officer, or employing agency due to any of the following:
2 Sec. 6. Section 80B.13A, subsection 4, Code 2023, is amended
3to read as follows:
44. a. An employing agency shall notify the council within
5ten days of any termination of employment of a law enforcement
6officer or appointment as a reserve peace officer. The
7notification must state whether the law enforcement officer or
8reserve peace officer was discharged or removed for serious
9misconduct, or whether the officer left, voluntarily quit, or
10was laid off when was notified of a disciplinary investigation
11or action was imminent or pending which could would have
12resulted in the officer being discharged or removed for serious
13misconduct, whether the officer left or voluntarily quit, and
14whether the action taken by the agency is final.
15b. If the law enforcement officer or reserve peace officer
16exercises any right to hold the decision of an employing agency
17in abeyance, or appeals, grieves, or contests the officer’s
18termination as provided by law, the employing agency shall
19notify the council in writing within ten days of the filing of
20such action by the officer.
21c. Upon request by the council, the employing agency shall
22provide any additional information or documentation about the
23officer including confidential records or information under
24section 22.7 or other applicable law to the council.
25 Sec. 7. Section 80B.13A, Code 2023, is amended by adding the
26following new subsections:
27 NEW SUBSECTION. 3A. A decision of the council to revoke
28the certification of a law enforcement officer or reserve peace
29officer, to suspend a law enforcement officer or reserve peace
30officer’s certification, or any other action against an officer
31or employing agency shall be made by a majority vote of the
32council.
33 NEW SUBSECTION. 4A. An action for revocation or suspension
34of the certification of a law enforcement officer or reserve
35peace officer shall not be maintained by the council unless the
-2-1action is commenced within one hundred eighty days from the
2date the council was notified of the grounds for the revocation
3or suspension.
4 Sec. 8. Section 80F.1, subsection 1, paragraphs c and f,
5Code 2023, are amended to read as follows:
6c. “Formal administrative investigation” means an
7investigative process ordered by a commanding officer of an
8agency or commander’s designee during which the investigation
9and questioning of an officer is intended to gather evidence
10to determine the merit of a complaint, which may be the basis
11for administrative charges seeking the removal, discharge, or
12suspension, or other disciplinary action against the officer.
13f. “Officer” means a certified law enforcement officer,
14fire fighter, emergency medical technician or medical
15provider, corrections officer, detention officer, jailer,
16probation or parole officer, communications officer, or any
17other law enforcement officer certified in training or whose
18certification is governed by the Iowa law enforcement academy,
19 and employed by a municipality, county, or state agency.
20 Sec. 9. Section 80F.1, subsection 5, Code 2023, is amended
21to read as follows:
225. a. An officer who is the subject of a complaint, shall
23at a minimum, be provided a written summary of the complaint
24prior to an interview. If a collective bargaining agreement
25applies, the complaint or written summary shall be provided
26pursuant to the procedures established under the collective
27bargaining agreement. If the complaint alleges domestic abuse,
28sexual abuse, workplace harassment, or sexual harassment, an
29officer shall not receive more than a written summary of the
30complaint.
31b. Upon written request of the officer or the officer’s
32legal counsel, the employing agency shall provide to the
33officer or the officer’s legal counsel a complete copy of the
34officer’s incident report and the officer’s video or audio
35recordings from the incident giving rise to the complaint
-3-1without unnecessary delay prior to an interview of the officer.
2Nothing in this paragraph shall be construed to constitute a
3disclosure of public records.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the Iowa law enforcement academy
8council (council) including the revocation or suspension of
9certifications of law enforcement officers and reserve peace
10officers, and administrative investigations under the peace
11officer, public safety, and emergency personnel bill of rights.
12IOWA LAW ENFORCEMENT ACADEMY — COUNCIL. Current law
13provides that the council consists of 13 voting members
14appointed by the governor, subject to confirmation by the
15senate, which includes 3 residents of the state. The bill
16provides that the council shall include one resident of the
17state, and adds one member of the Iowa fraternal order of
18police and one peace officer employed by a regents institution
19to the membership of the council.
20The bill provides that a “final” decision for purposes of
21the revocation or suspension of the certification of a law
22enforcement officer or peace officer by the council means
23that all appeals through a grievance procedure, civil service
24action, or other action or procedure available to the officer
25have been exhausted, and “serious misconduct” includes the
26repeated use of excessive force in violation of clearly
27established law.
28The bill provides that the council shall revoke the
29certification of a law enforcement officer or reserve peace
30officer upon a finding that the law enforcement officer or
31reserve peace officer knowingly left or voluntarily quit when
32the officer was notified of a disciplinary investigation or
33action which would have resulted in the law enforcement officer
34being discharged or the reserve peace officer being removed for
35serious misconduct, if the council determines that the officer
-4-1engaged in serious misconduct.
2The bill provides that the council may revoke or suspend
3the certification of a law enforcement officer or reserve
4peace officer and may publicly or privately reprimand a law
5enforcement officer, reserve peace officer, or employing
6agency due to any of the following: a violation of any rules
7authorized and adopted by the council, when an employing agency
8recommends to the council that revocation or suspension would
9be appropriate, or when the attorney general recommends that
10revocation or suspension would be appropriate.
11The bill amends current law to provide that notification
12of the council by an employing agency of any termination of
13employment of a law enforcement officer or appointment as a
14reserve peace officer must state whether the law enforcement
15officer or reserve peace officer was discharged or removed
16for serious misconduct, whether the officer was notified
17of a disciplinary investigation or action which would have
18resulted in the officer being discharged or removed for serious
19misconduct, whether the officer left or voluntarily quit, and
20whether the action taken by the agency is final.
21The bill provides that if a law enforcement officer or
22reserve peace officer exercises any right to hold the decision
23of an employing agency in abeyance, or appeals, grieves, or
24contests the officer’s termination, the employing agency shall
25notify the council in writing within 10 days of the filing of
26such action by the officer.
27The bill provides that a decision of the council to revoke
28the certification of a law enforcement officer or reserve peace
29officer, to suspend the certification of a law enforcement
30officer or reserve peace officer, or any other action against
31an officer or employing agency shall be made by a majority
32vote of the council. An action for revocation or suspension
33of the certification of a law enforcement officer or reserve
34peace officer shall not be maintained by the council unless the
35action is commenced within 180 days from the date the council
-5-1was notified of the grounds for the revocation or suspension.
2PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL
3OF RIGHTS (CODE CHAPTER 80F). The bill amends the definition
4of “formal administrative investigation” relating to formal
5administrative investigations of officers to include an
6investigative process ordered by a commanding officer of an
7agency or commander’s designee during which the investigation
8and questioning of an officer is intended to gather evidence to
9determine the merit of a complaint filed against the officer,
10which may be the basis for administrative charges seeking
11the removal, discharge, or suspension, or other disciplinary
12action against the officer. The bill amends the definition
13of “officer” to include a medical provider and any other law
14enforcement officer in training or whose certification is
15governed by the Iowa law enforcement academy, and employed by a
16municipality, county, or state agency.
17The bill provides that upon written request of an officer or
18an officer’s legal counsel, the employing agency shall provide
19to the officer or the officer’s legal counsel a complete copy
20of the officer’s incident report and the officer’s video or
21audio recordings from the incident giving rise to the complaint
22without unnecessary delay prior to an interview of the officer.
23The bill provides that the provision of the report and audio
24and video recordings shall not be construed to constitute a
25disclosure of public records.
-6-as/rh