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