House File 240 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the establishment of law enforcement review
2 boards in certain cities.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2315HH 81
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PAG LIN
1 1 Section 1. NEW SECTION. 372.16 BOARD ESTABLISHED ==
1 2 MEMBERS == DUTIES == IMMUNITIES.
1 3 1. As used in this section, "law enforcement action" means
1 4 any policy or action taken by a police department or police
1 5 officer or failure to act.
1 6 2. A law enforcement review board is established in each
1 7 city having a population of forty=five thousand or more. The
1 8 review board shall consist of at least three members appointed
1 9 to four=year staggered terms by the mayor. Members appointed
1 10 shall be knowledgeable in the areas of law enforcement, public
1 11 policy, and public administration. At least one=third of the
1 12 members shall be persons active in community affairs to
1 13 represent the general public. As far as possible, the mayor
1 14 shall select members to provide a gender balance, represent
1 15 persons of protected classes, and represent current or former
1 16 peace officers. The chairperson or staff head of the local
1 17 civil or human rights agency may serve as an ex officio
1 18 nonvoting member. A term shall be effective on the first of
1 19 July of the year of appointment and a vacancy shall be filled
1 20 in the same manner as the original appointment for the
1 21 unexpired part of a term. A member of the review board may be
1 22 removed by the mayor for inefficiency, neglect of duty, or
1 23 malfeasance in office.
1 24 3. The review board may do all of the following:
1 25 a. Review, upon request or referral, or upon its own
1 26 motion, the actions of police officers.
1 27 b. Prescribe, by rule, the methods by which complaints are
1 28 to be made, received, and acted upon; determine the scope and
1 29 manner of reviews to be made; and publish its findings,
1 30 conclusions, or recommendations as necessary. The review
1 31 board shall submit a report to the mayor and the city council
1 32 concerning the review board's actions during the preceding
1 33 calendar year.
1 34 c. Request and receive from a police department assistance
1 35 and information as necessary in the performance of the duties
2 1 of the review board. The review board may examine the records
2 2 and documents of a police department. If the review board is
2 3 provided access to a confidential document, the review board
2 4 is subject to the same policies and penalties regarding the
2 5 confidentiality of the document as an employee of the police
2 6 department. The review board or its designee may enter and
2 7 inspect the premises within a police department's control.
2 8 d. Issue a subpoena to compel any person to appear, give
2 9 sworn testimony, or produce documentary or other evidence
2 10 relevant to a matter under review. The review board or its
2 11 designee may administer oaths to persons giving testimony
2 12 before the review board. If a witness fails or refuses to
2 13 obey a subpoena issued by the review board, the review board
2 14 may petition the district court for an order directing
2 15 obedience to the subpoena. If the court finds that the
2 16 subpoena should be obeyed, the court shall enter an order
2 17 requiring obedience to the subpoena, and refusal to obey the
2 18 court order is subject to punishment for contempt.
2 19 4. An appropriate subject for investigation by the review
2 20 board includes all of the following:
2 21 a. A law enforcement action related to a death or serious
2 22 injury of a person as a result of an administrative action by
2 23 an officer.
2 24 b. Report of a law enforcement action received upon
2 25 referral from a state or local civil or human rights agency.
2 26 c. Report of a law enforcement action received upon
2 27 referral from a chief of police.
2 28 d. Report of a law enforcement action received from an
2 29 interested person who is dissatisfied with the response to a
2 30 complaint or concern that has been reviewed by a police
2 31 department or chief of police.
2 32 5. The review board shall conduct a review of the
2 33 administrative actions complained of unless the review board
2 34 finds any of the following:
2 35 a. A review by the review board would materially impede an
3 1 ongoing criminal investigation.
3 2 b. The complainant has another remedy or channel of
3 3 complaint which the complainant could reasonably be expected
3 4 to use.
3 5 c. The complaint pertains to a matter outside the review
3 6 board's authority.
3 7 d. The complainant has no substantive or procedural
3 8 interest which is directly affected by the matter complained
3 9 about.
3 10 e. The complaint is frivolous or not made in good faith.
3 11 f. The review board's resources are insufficient for
3 12 adequate investigation.
3 13 g. The complaint has been delayed too long to justify
3 14 present examination of its merit.
3 15 6. The review board may decline to review a complaint, but
3 16 shall not be prohibited from inquiring into the matter
3 17 complained of or into related problems at some future time.
3 18 If the review board decides not to review the complaint, the
3 19 complainant shall be informed of the reasons for the decision.
3 20 If the review board decides to review the complaint, the
3 21 police department shall be notified of the decision. After
3 22 completing a review, the review board shall without delay
3 23 inform the complainant of the fact and, if appropriate, shall
3 24 inform the police department involved.
3 25 7. Before announcing a conclusion or recommendation that
3 26 criticizes a police department, a police officer, or an
3 27 employee of a police department, the review board shall
3 28 consult with that department, officer, or employee and shall
3 29 attach to every report sent or made under this section, unless
3 30 excused, a copy of any unedited comments made by or on behalf
3 31 of the department, officer, or employee.
3 32 8. The review board may publish a report, conclusion, or
3 33 recommendation in the performance of the review board's
3 34 responsibilities and transmit the report, conclusion, or
3 35 recommendation to the mayor, the city attorney, or the city
4 1 council. A conclusion, recommendation, or report so published
4 2 may be released to any interested persons at that time.
4 3 9. A civil action or proceeding, except removal from
4 4 office, shall not be commenced against a member of the review
4 5 board for an act or omission performed pursuant to this
4 6 chapter, unless the act or omission is with malice or is
4 7 grossly negligent. A member of the review board shall not be
4 8 compelled to testify in court with respect to any matter
4 9 involving the exercise of the review board's official duties,
4 10 except as may be necessary to enforce this section. The
4 11 review board may keep all matters confidential, including the
4 12 identities of complainants, witnesses, or police departments
4 13 and police officers under review until the review is
4 14 completed, except that the review board shall report any
4 15 findings of illegal actions by police departments or police
4 16 officers to the county attorney.
4 17 Sec. 2. STATE MANDATE APPLICABILITY. Section 25B.2,
4 18 subsection 3, shall not apply to this Act.
4 19 EXPLANATION
4 20 This bill provides for the establishment of a law
4 21 enforcement review board in cities having a population of
4 22 45,000 or more. The board is to investigate upon request or
4 23 referral, or upon its own motion, the actions or inactions of
4 24 police departments and police officers. The review board is
4 25 to make reports and recommendations concerning its findings to
4 26 the mayor, city attorney, and city council. Members are to be
4 27 appointed for four=year terms.
4 28 The bill may include a state mandate as defined in Code
4 29 section 25B.3. The bill makes inapplicable Code section
4 30 25B.2, subsection 3, which would relieve a political
4 31 subdivision from complying with a state mandate if funding for
4 32 the cost of the state mandate is not provided or specified.
4 33 Therefore, political subdivisions are required to comply with
4 34 any state mandate included in the bill.
4 35 LSB 2315HH 81
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