Senate Study Bill 1214 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON KREIMAN)


    Passed Senate, Date                Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the rights of peace officers and public safety
  2    and emergency personnel.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1993XC 82
  5 jm/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  80F.1  PEACE OFFICER, PUBLIC
  1  2 SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Complaint" means a formal written complaint signed by
  1  6 the complainant or an oral statement by the officer receiving
  1  7 the complaint stating the complainant's knowledge of the
  1  8 allegation.
  1  9    b.  "Formal administrative investigation" means an
  1 10 investigative process ordered by a commanding officer of an
  1 11 agency or commander's designee during which the questioning of
  1 12 an officer is intended to gather evidence to determine the
  1 13 merit of a complaint which may be the basis for seeking
  1 14 removal, discharge, or suspension, or other disciplinary
  1 15 action against the officer.
  1 16    c.  "Informal inquiry" means a meeting by supervisory or
  1 17 command personnel with an officer who is the subject of an
  1 18 allegation, for the purpose of resolving the allegation or
  1 19 determining whether a formal administrative investigation
  1 20 should be commenced.
  1 21    d.  "Interview" means the questioning of an officer who is
  1 22 the subject of a complaint pursuant to the formal
  1 23 administrative investigation procedures of the investigating
  1 24 agency, if such a complaint may be the basis for seeking
  1 25 removal, discharge, or suspension, or other disciplinary
  1 26 action against the officer.  "Interview" does not include
  1 27 questioning as part of any informal inquiry or questioning
  1 28 related to minor infractions of agency rules which will not
  1 29 result in removal, discharge, suspension, or other
  1 30 disciplinary action against the officer.
  1 31    e.  "Officer" means a certified law enforcement officer,
  1 32 fire fighter, emergency medical technician, corrections
  1 33 officer, detention officer, jailer, communications officer, or
  1 34 any other law enforcement officer certified by the Iowa law
  1 35 enforcement academy and employed by a municipality, county, or
  2  1 state agency.
  2  2    f.  "Statement" means the statement of the officer who is
  2  3 the subject of an allegation in response to a complaint.
  2  4    2.  This section is not applicable to a criminal
  2  5 investigation of an officer.
  2  6    3.  A formal administrative investigation of an officer
  2  7 shall be commenced and completed in a reasonable period of
  2  8 time and an officer shall be immediately notified of the
  2  9 results of the investigation when the investigation is
  2 10 completed.
  2 11    4.  An officer shall not be compelled to submit to a
  2 12 polygraph examination against the will of the officer except
  2 13 as otherwise provided in section 730.4, subsection 3.
  2 14    5.  Prior to an interview, the officer who is the subject
  2 15 of the complaint shall be given a copy of the complaint.  An
  2 16 officer being interviewed shall be advised by the interviewer
  2 17 that the officer shall answer the questions and be advised
  2 18 that the answers shall not be used against the officer in any
  2 19 subsequent criminal proceeding.  The interview may be
  2 20 electronically recorded upon request of the officer being
  2 21 interviewed.  If legal counsel or a union representative is
  2 22 not present with the officer during an interview, the
  2 23 interview shall be electronically recorded.
  2 24    6.  The officer shall have the right to have legal counsel
  2 25 or a union representative present during the interview of the
  2 26 officer, at the expense of that officer.
  2 27    7.  If a formal administrative investigation results in the
  2 28 removal, discharge, or suspension, or other disciplinary
  2 29 action against an officer, copies of any witness statements
  2 30 and the investigative agency's report shall be provided to the
  2 31 officer, upon the request of the officer.
  2 32    8.  An interview shall be conducted at any facility of the
  2 33 investigating agency.
  2 34    9.  If an interview is conducted while an officer is off
  2 35 duty, the officer shall be compensated as provided in the
  3  1 applicable collective bargaining agreement.
  3  2    10.  If a complaint is determined to be intentionally
  3  3 false, the investigating officer shall be responsible for
  3  4 filing the necessary paperwork with the county attorney's
  3  5 office in order for the county attorney to make a
  3  6 determination as to whether to charge the person with making a
  3  7 false report in violation of section 718.6.
  3  8    11.  An officer shall have the right to bring a civil suit
  3  9 against any person, agency, organization, business, or any
  3 10 other legal entity for damages, including pecuniary damages,
  3 11 arising out of the filing of a false complaint against the
  3 12 officer.
  3 13    12.  Notwithstanding any other law to the contrary, an
  3 14 officer shall not be denied the opportunity to be a candidate
  3 15 for any elected office.  An officer may be required, as a
  3 16 condition of being a candidate, to take a leave of absence
  3 17 during the campaign.  If the officer is a candidate for county
  3 18 sheriff, the officer shall take a leave of absence beginning
  3 19 thirty days prior to the election.
  3 20    13.  An officer shall have the right, as any other citizen,
  3 21 to engage in political activity except while on duty.  An
  3 22 officer shall not be required to engage in political activity
  3 23 by the officer's agency, a representative of the officer's
  3 24 agency, or any other agency.
  3 25    14.  An officer shall not be discharged, disciplined, or
  3 26 threatened with discharge or discipline in retaliation for
  3 27 exercising the rights of the officer enumerated in this
  3 28 section.
  3 29    15.  The rights enumerated in this section are in addition
  3 30 to any other rights granted pursuant to a collective
  3 31 bargaining agreement or other applicable law.
  3 32    16.  An officer shall not have the officer's photograph
  3 33 released publicly without the written permission of the
  3 34 officer.
  3 35    17.  If the commanding officer or head of any formal
  4  1 administrative investigation violates the provisions of this
  4  2 section while conducting an investigation, the governing body
  4  3 shall reserve any punitive action taken pursuant to the
  4  4 investigation, including a reprimand, and any information
  4  5 obtained during the investigation shall be specifically
  4  6 excluded from introduction into evidence or from being used in
  4  7 any way against the officer in any administrative proceeding
  4  8 against the officer.
  4  9                           EXPLANATION
  4 10    This bill relates to the rights of a peace officer and of
  4 11 public safety and emergency personnel.
  4 12    The bill defines "officer" to mean a certified law
  4 13 enforcement officer, fire fighter, emergency medical
  4 14 technician, corrections officer, detention officer, jailer,
  4 15 communications officer, or any other law enforcement officer
  4 16 certified by the Iowa law enforcement academy and employed by
  4 17 a municipality, county, or state agency.
  4 18    The bill provides that an officer shall not be compelled to
  4 19 submit to a polygraph examination against the will of that
  4 20 officer.
  4 21    The bill provides that prior to being interviewed about a
  4 22 complaint against the officer, the officer shall be provided a
  4 23 copy of the complaint.  The bill also provides that an officer
  4 24 being interviewed about a complaint filed against the officer
  4 25 shall be compelled to answer any questions and shall be
  4 26 advised that any answers provided will not be used against the
  4 27 officer in any criminal proceeding.
  4 28    The bill provides that an officer shall have the right to
  4 29 have legal counsel or a union representative present when the
  4 30 officer is being interviewed about a complaint filed against
  4 31 the officer.
  4 32    Under the bill, if an interview of an officer about a
  4 33 complaint occurs while the officer is off duty, the officer
  4 34 shall be compensated as provided in any applicable collective
  4 35 bargaining agreement.
  5  1    The bill provides that if a complaint filed against an
  5  2 officer is determined to be false, the investigating officer
  5  3 shall be responsible for forwarding the necessary paperwork to
  5  4 the county attorney in order for the county attorney to
  5  5 determine whether criminal charges should be filed.
  5  6    The bill provides that an officer has the right to run for
  5  7 political office, and shall have the right to engage in
  5  8 political activity if not on duty.  The bill also provides
  5  9 that an officer shall not be required to engage in political
  5 10 activity by the officer's agency or a representative of the
  5 11 officer's agency.
  5 12 LSB 1993XC 82
  5 13 jm:nh/es/88