House
Study
Bill
190
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
the
peace
officer,
public
safety,
and
1
emergency
personnel
bill
of
rights,
and
providing
an
2
immediate
effective
date.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
80F.1,
subsection
1,
paragraph
a,
Code
1
2019,
is
amended
to
read
as
follows:
2
a.
“Complaint”
means
a
formal
written
allegation
signed
3
sworn
by
the
complainant
or
a
written
statement
by
an
officer
4
receiving
an
oral
complaint
supported
by
a
sworn
affidavit
5
stating
the
complainant’s
allegation.
6
Sec.
2.
Section
80F.1,
subsections
3,
5,
6,
7,
8,
9,
11,
13,
7
and
18,
Code
2019,
are
amended
to
read
as
follows:
8
3.
a.
A
formal
administrative
investigation
of
an
officer
9
shall
be
commenced
without
delay
within
one
hundred
eighty
days
10
from
the
date
of
the
incident
giving
rise
to
the
allegation
11
against
the
officer
and
shall
be
completed
without
delay
in
12
a
reasonable
period
of
time
and
an
not
to
exceed
one
hundred
13
eighty
days
from
the
date
of
the
complaint
unless
the
officer
14
signs
a
written
waiver
tolling
the
period
of
time
for
a
15
specific
period.
16
b.
Upon
initiating
a
formal
administrative
investigation
17
of
an
officer,
the
investigating
agency
shall
promptly
serve
18
the
officer
under
investigation
with
written
notice
of
the
19
complaint,
shall
inform
the
officer
of
the
officer’s
right
20
to
counsel,
and
shall
provide
the
officer
with
a
copy
of
the
21
peace
officer
bill
of
rights.
The
notice
shall
include
the
22
names
of
all
of
the
complainants,
the
alleged
date
of
the
23
occurrence
giving
rise
to
the
complaint,
a
summary
of
the
24
allegations
against
the
officer,
and
the
name
and
rank
or
title
25
of
the
investigator
in
charge
of
the
formal
administrative
26
investigation.
The
investigator
shall
not
preside
over
any
27
hearing
or
make
the
decision
in
any
punitive
or
disciplinary
28
action
taken
against
the
officer.
29
c.
The
officer
and
the
officer’s
legal
counsel,
designated
30
union
representative,
and
designated
employee
representative
31
shall
be
immediately
notified
in
writing
of
the
results
of
32
the
investigation
when
the
investigation
is
completed
unless
33
otherwise
specified
by
the
officer
.
If
the
act,
omission,
34
or
other
allegation
is
also
the
subject
of
a
criminal
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investigation
or
criminal
proceeding,
the
time
during
which
1
the
criminal
investigation
or
criminal
proceeding
is
pending
2
shall
toll
the
one-hundred-eighty-day
period
to
complete
the
3
investigation
under
paragraph
“a”
.
4
5.
An
officer
who
is
the
subject
of
a
complaint
and
the
5
officer’s
legal
counsel
,
shall
at
a
minimum,
be
provided
a
6
written
summary
or
copy
of
the
complaint
and
a
copy
of
any
7
policy,
procedure,
guideline,
or
order
that
the
officer
is
8
alleged
to
have
violated
within
a
reasonable
period
of
time
9
prior
to
an
interview
,
but
not
less
than
seventy-two
hours
10
in
advance
of
the
interview
.
Upon
written
request
of
the
11
officer
or
the
officer’s
legal
counsel,
the
employing
agency
12
shall
provide
to
the
officer
or
the
officer’s
legal
counsel
a
13
complete
copy
of
any
statements,
documents,
incident
reports,
14
video
or
audio
recordings,
and
photographs
from
the
incident
15
giving
rise
to
the
complaint
without
unnecessary
delay
prior
to
16
an
interview
of
the
officer
and
allowing
at
least
seventy-two
17
hours
for
review
before
the
interview.
If
a
collective
18
bargaining
agreement
applies,
the
complaint
or
written
summary
,
19
a
copy
of
any
policy,
procedure,
guideline,
or
order
that
20
the
officer
is
alleged
to
have
violated,
any
statements,
21
documents,
incident
reports,
video
or
audio
recordings,
and
22
photographs
from
the
incident
giving
rise
to
the
complaint
23
shall
be
provided
pursuant
to
the
procedures
established
24
under
the
collective
bargaining
agreement.
If
the
complaint
25
alleges
domestic
abuse,
sexual
abuse,
or
sexual
harassment,
an
26
officer
,
the
officer’s
counsel,
or
union
or
designated
employee
27
representative
shall
not
receive
more
than
a
written
summary
28
of
the
complaint.
29
6.
An
officer
being
interviewed
shall
only
be
asked
30
questions
which
are
within
the
scope
of
the
complaint
and
shall
31
be
advised
by
the
interviewer
that
the
officer
shall
answer
the
32
questions
and
be
advised
that
the
answers
shall
not
be
used
33
against
the
officer
in
any
subsequent
criminal
proceeding
or
34
investigation
.
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7.
An
interview
of
an
officer
who
is
the
subject
of
the
1
complaint
and
of
any
witness
shall,
at
a
minimum,
be
audio
2
recorded
,
but
the
officer
shall
not
be
video
recorded
without
3
the
officer’s
written
consent
.
The
employing
agency
shall
4
provide
the
officer
or
the
officer’s
legal
counsel
or
employee
5
representative
a
complete
copy
of
any
audio
recording
and
any
6
transcript
made
of
any
interview
without
charge
and
without
7
undue
delay.
8
8.
The
officer
shall
have
the
right
to
have
legal
counsel
9
present,
at
the
officer’s
expense,
during
the
interview
of
10
the
officer
,
during
hearings,
or
during
other
disciplinary
11
proceedings
related
to
the
complaint
.
The
officer
may
request
12
legal
counsel
at
any
time
before
or
during
an
interview,
13
hearing,
or
disciplinary
proceeding.
When
an
officer
makes
14
request
for
legal
counsel,
no
questioning,
interview,
or
15
hearing
shall
proceed
until
a
reasonable
amount
of
time
16
and
opportunity
to
obtain
legal
counsel
are
provided
to
the
17
officer.
In
addition,
the
officer
shall
have
the
right,
at
the
18
officer’s
expense,
to
have
a
union
representative
or
employee
19
representative
present
during
the
interview
,
hearings,
or
other
20
disciplinary
proceedings,
or,
if
not
a
member
of
a
union,
the
21
officer
shall
have
the
right
to
have
a
designee
present.
The
22
union
representative
or
employee
representative
shall
not
be
23
required
to
disclose,
nor
be
subject
to
any
adverse
employment
24
action
for
refusing
to
disclose,
any
information
received
from
25
the
officer
under
investigation.
The
officer’s
legal
counsel,
26
union
representative,
or
employee
representative
shall
not
27
be
compelled
to
disclose
in
any
judicial
proceeding,
nor
be
28
subject
to
any
investigation
or
punitive
action
for
refusing
29
to
disclose,
any
information
received
from
the
officer
under
30
investigation
or
from
an
agent
of
the
officer.
The
officer
and
31
the
officer’s
legal
counsel
may
coordinate
and
communicate
in
32
confidence
with
the
officer’s
designated
union
representative
33
or
employee
representative,
and
the
communications
are
not
34
subject
to
discovery.
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9.
If
a
formal
administrative
investigation
results
may
1
result
in
the
removal,
discharge,
or
suspension,
or
other
2
disciplinary
action
against
an
officer,
copies
of
any
witness
3
statements
and
the
complete
investigative
agency’s
report
4
shall
be
timely
provided
and
at
no
charge
to
the
officer
or
5
the
officer’s
legal
counsel
upon
the
request
of
the
officer
or
6
legal
counsel
.
7
11.
If
an
interview
,
hearing,
or
other
disciplinary
8
proceeding
involving
the
officer
who
is
the
subject
of
a
formal
9
administrative
investigation,
an
officer
who
is
a
witness
10
in
the
investigation
or
other
proceeding,
or
an
employee
11
representative
of
the
accused
officer,
is
conducted
while
12
an
the
officer
is
off
duty
or
at
a
time
that
is
outside
of
13
the
officer’s
regularly
scheduled
shift
,
the
officer
shall
14
be
compensated
as
provided
by
law,
or
as
provided
in
the
15
applicable
collective
bargaining
agreement.
Volunteer
officers
16
shall
be
compensated
by
the
employing
agency
for
actual
17
lost
time
from
other
work
as
a
result
of
an
interview
or
any
18
proceeding
related
to
an
investigation.
19
13.
a.
An
officer
shall
have
the
right
to
bring
a
private
20
cause
of
action
and
pursue
civil
remedies
under
the
law
21
including
but
not
limited
to
money
damages
against
a
citizen
22
arising
from
the
filing
of
a
false
complaint
against
the
23
officer.
24
b.
An
officer
shall
have
the
right
to
bring
an
expedited
25
action
in
district
court
to
seek
equitable
relief
to
enforce
26
any
provision
of
this
chapter.
An
action
under
this
paragraph
27
shall
be
brought
within
thirty
days
after
the
officer
knew
28
or
should
have
known
of
a
violation
of
this
chapter,
but
the
29
failure
to
bring
an
action
under
this
paragraph
shall
not
bar
30
an
action
under
paragraph
“c”
of
this
subsection.
The
district
31
court
may
grant
any
equitable
relief
to
the
officer,
including
32
but
not
limited
to
a
temporary
or
permanent
injunction,
or
an
33
order
staying
investigatory
or
disciplinary
proceedings.
34
c.
In
addition
to
the
right
granted
pursuant
to
paragraph
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“b”
of
this
subsection,
an
officer
may
seek
judicial
review
1
of
the
final
actions
of
the
employing
agency
in
accordance
2
with
the
procedures
applicable
to
review
of
decisions
by
the
3
employing
agency.
The
officer
shall
bring
a
suit
under
this
4
paragraph
within
one
hundred
eighty
days
after
a
final
agency
5
decision
unless
otherwise
extended
by
the
district
court
upon
6
a
showing
of
good
cause.
The
district
court
may
award
money
7
damages,
including
front
pay
and
back
pay,
and
equitable
relief
8
to
an
officer
upon
a
showing
of
a
violation
of
the
officer’s
9
substantive
or
procedural
rights
under
this
chapter.
10
18.
A
municipality,
county,
or
state
agency
employing
11
an
officer
shall
not
publicly
release
the
officer’s
official
12
photograph
without
the
written
permission
of
the
officer
or
13
without
a
request
to
release
pursuant
to
chapter
22
.
An
14
officer’s
personal
information,
including
home
address,
15
personal
telephone
number,
personal
email
address,
date
of
16
birth,
social
security
number,
and
driver’s
license
number
17
shall
be
confidential
and
shall
be
redacted
from
any
record
18
prior
to
the
record’s
release
to
the
public
by
the
employing
19
agency.
Nothing
in
this
subsection
prohibits
the
release
of
an
20
officer’s
photograph
or
unredacted
personal
information
to
the
21
officer’s
legal
counsel,
union
representative,
or
designated
22
employee
representative
upon
the
officer’s
request.
23
Sec.
3.
Section
80F.1,
Code
2019,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
18A.
a.
The
employing
agency
shall
26
promptly
provide
an
officer
and
the
officer’s
legal
counsel
27
with
a
formal
written
statement
of
the
administrative
charges
28
and
specifications
of
alleged
fact
resulting
from
the
formal
29
administrative
investigation
and
an
opportunity
to
be
heard
30
prior
to
deciding
upon
or
imposing
any
punitive
or
disciplinary
31
action
against
the
officer.
32
b.
At
hearing,
the
burden
of
proof
to
sustain
administrative
33
charges
and
specifications
against
an
officer
shall
be
by
a
34
preponderance
of
the
evidence.
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c.
Admissions,
confessions,
statements
against
interest,
or
1
other
evidence
obtained
during
the
course
of
the
investigation
2
and
interview
not
conducted
in
accordance
with
this
section
3
shall
not
be
used
or
considered
in
any
disciplinary
proceeding
4
or
civil
action
against
the
officer,
and
shall
not
form
the
5
basis
for
any
adverse
employment
action
against
the
officer.
6
NEW
SUBSECTION
.
18B.
The
employing
agency
shall
keep
7
an
officer’s
statement,
recordings,
or
transcripts
of
any
8
interviews
or
disciplinary
proceedings,
and
any
complaints
made
9
against
an
officer
confidential
unless
otherwise
provided
in
10
this
section.
11
NEW
SUBSECTION
.
18C.
A
written
reprimand
shall
be
12
removed
from
an
officer’s
personnel
file
no
later
than
one
13
year
from
the
date
of
the
reprimand
unless
the
officer
is
14
disciplined
during
the
one-year
period
under
the
same
policy
15
for
substantially
similar
conduct.
A
written
reprimand
that
16
has
been
removed
from
an
officer’s
personnel
file
shall
not
17
be
used
to
form
the
basis
for
or
to
enhance
any
disciplinary
18
action
against
the
officer.
Except
as
otherwise
provided
in
19
subsection
21,
nothing
in
this
section
prohibits
the
employing
20
agency
from
removing
a
written
reprimand
from
an
officer’s
21
personnel
file
before
the
one-year
period
has
expired.
22
NEW
SUBSECTION
.
20.
An
employing
agency
shall
provide
an
23
officer
with
a
written
copy
of
any
document
that
recommends
24
removal,
discharge,
suspension,
or
other
disciplinary
action
25
be
taken
against
the
officer
prior
to
placing
the
document
in
26
the
officer’s
personnel
file.
An
officer
shall
have
thirty
27
days
from
the
date
that
the
officer
is
provided
a
copy
of
28
any
document
that
recommends
removal,
discharge,
suspension,
29
or
other
disciplinary
action
be
taken
against
the
officer
to
30
submit
a
written
response
to
the
officer’s
employing
agency.
31
The
written
response
shall
be
attached
to
and
shall
accompany
32
the
adverse
document.
This
subsection
does
not
apply
to
a
33
training
report
or
to
an
evaluation.
34
NEW
SUBSECTION
.
21.
A
complaint
against
an
officer
that
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is
pending,
withdrawn,
or
determined
to
be
unfounded
or
not
1
sustained,
records
of
a
formal
administrative
investigation,
2
and
a
written
reprimand
that
has
been
removed
from
an
officer’s
3
personnel
file,
shall
not
be
subject
to
discovery
in
any
civil
4
action
against
the
officer
except
for
actions
brought
pursuant
5
to
chapter
216.
6
NEW
SUBSECTION
.
22.
If
at
least
thirty
days
have
passed
7
since
the
final
disposition,
upon
written
request
by
an
8
officer,
the
record
of
a
complaint
made
against
the
officer
9
shall
be
expunged
from
any
file
held
by
the
employing
agency
if
10
the
investigation
exonerated
the
officer
of
allegations
in
the
11
complaint,
the
investigation
determined
that
the
allegations
12
were
withdrawn,
not
sustained
or
unfounded,
or
if
the
officer
13
is
exonerated
in
any
administrative
proceeding,
appeal,
other
14
disciplinary
proceeding,
or
judicial
review.
15
NEW
SUBSECTION
.
23.
An
agency
employing
full-time
or
16
part-time
officers
shall
provide
annual
training
to
any
officer
17
or
supervisor
who
may
perform
or
supervise
an
investigation
18
under
this
section,
and
shall
maintain
documentation
of
any
19
training
related
to
this
section.
20
NEW
SUBSECTION
.
24.
An
employing
agency
shall
not
prohibit
21
secondary
employment
by
an
officer,
but
may
adopt
reasonable
22
regulations
that
relate
to
secondary
employment.
23
NEW
SUBSECTION
.
25.
A
locker,
or
other
space
for
storage
24
that
may
be
assigned
to
an
officer,
shall
not
be
searched
25
without
the
officer
being
present,
or
without
the
officer’s
26
consent,
unless
a
valid
search
warrant
has
been
obtained
or
27
the
officer
has
been
notified
in
advance
that
a
search
will
be
28
conducted.
This
section
shall
apply
only
to
lockers
or
other
29
spaces
for
storage
that
are
owned
or
leased
by
the
officer’s
30
employing
agency.
31
NEW
SUBSECTION
.
26.
Upon
request,
the
employing
agency
32
shall
provide
to
the
requesting
officer
or
the
officer’s
legal
33
counsel
a
copy
of
the
officer’s
personnel
file
and
training
34
records
regardless
of
whether
the
officer
is
subject
to
a
35
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formal
administrative
investigation
at
the
time
of
the
request.
1
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
2
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
makes
changes
to
the
peace
officer,
public
safety,
7
and
emergency
personnel
bill
of
rights.
8
The
bill
changes
the
definition
of
“complaint”
to
require
9
that
any
formal
written
allegation
must
be
sworn
by
the
10
complainant
or
be
a
written
statement
by
an
officer
who
11
has
received
an
oral
complaint
that
is
supported
by
a
sworn
12
affidavit.
13
The
bill
provides
that
a
formal
administrative
investigation
14
of
an
officer
must
be
commenced
within
180
days
from
the
15
date
of
the
incident
giving
rise
to
the
allegation
against
16
the
officer.
The
investigation
is
to
be
completed
within
17
180
days
from
the
date
of
the
complaint,
unless
the
officer
18
signs
a
written
waiver
tolling
the
period
of
time
for
a
19
specific
period.
After
initiating
a
formal
administrative
20
investigation
of
an
officer,
the
investigating
agency
must
21
promptly
serve
the
officer
under
investigation
with
written
22
notice
of
the
complaint,
inform
the
officer
of
the
officer’s
23
right
to
counsel,
and
provide
the
officer
with
a
copy
of
the
24
peace
officer
bill
of
rights.
The
notice
must
include
the
25
names
of
all
of
the
complainants,
the
alleged
date
of
the
26
occurrence
giving
rise
to
the
complaint,
a
summary
of
the
27
allegations
against
the
officer,
and
the
name
and
rank
or
title
28
of
the
investigator
in
charge
of
the
formal
administrative
29
investigation.
The
investigator
must
not
preside
over
any
30
hearing
or
make
the
decision
in
any
punitive
or
disciplinary
31
action
taken
against
the
officer.
32
The
bill
provides
that
the
officer
and
the
officer’s
legal
33
counsel,
designated
union
representative,
and
designated
34
employee
representative
are
to
be
immediately
notified
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in
writing
of
the
results
of
the
investigation
when
the
1
investigation
is
completed
unless
otherwise
specified
by
the
2
officer.
If
the
act,
omission,
or
other
allegation
is
also
the
3
subject
of
a
criminal
investigation
or
criminal
proceeding,
the
4
180-day
period
for
completing
the
investigation
is
tolled
while
5
the
criminal
investigation
or
criminal
proceeding
is
pending.
6
The
bill
provides
that
an
officer
who
is
the
subject
of
a
7
complaint
and
the
officer’s
legal
counsel
are
to
be
provided
8
with
a
copy
of
the
complaint
and
a
copy
of
any
policy,
9
procedure,
guideline,
or
order
that
the
officer
is
alleged
10
to
have
violated
not
less
than
72
hours
in
advance
of
any
11
interview.
Upon
written
request,
the
employing
agency
is
also
12
required
to
provide
to
the
officer
or
the
officer’s
legal
13
counsel
a
complete
copy
of
any
statements,
documents,
incident
14
reports,
video
or
audio
recordings,
and
photographs
from
the
15
incident.
If,
however,
the
complaint
alleges
domestic
abuse,
16
sexual
abuse,
or
sexual
harassment,
an
officer,
officer’s
17
counsel,
union,
or
designated
employee
representative
will
not
18
receive
a
copy
of
the
complaint
but
will
receive
a
written
19
summary
of
the
complaint.
20
The
bill
provides
that
an
officer
being
interviewed
can
only
21
be
asked
questions
which
are
within
the
scope
of
the
complaint.
22
The
officer
is
to
be
advised
by
the
interviewer
to
answer
the
23
questions
and
that
the
answers
cannot
be
used
against
the
24
officer
in
any
subsequent
criminal
proceeding
or
investigation.
25
An
interview
of
an
officer
who
is
the
subject
of
the
complaint
26
and
of
any
witness
is
required
to
be
audio
recorded.
However,
27
the
officer
shall
not
be
video
recorded
without
the
officer’s
28
written
consent.
The
employing
agency
must
provide
the
officer
29
or
the
officer’s
legal
counsel
or
employee
representative
a
30
complete
copy
of
any
audio
recording
and
any
transcript
made
of
31
any
interview
without
charge
and
without
undue
delay.
32
The
bill
provides
that
an
officer
has
the
right
to
have
33
legal
counsel
present,
at
the
officer's
expense,
during
34
the
interview
of
the
officer,
hearings,
or
during
other
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disciplinary
proceedings
related
to
the
complaint,
and
the
1
officer
may
request
legal
counsel
at
any
time
before
or
during
2
an
interview,
hearing,
or
disciplinary
proceeding.
When
an
3
officer
makes
a
request
for
legal
counsel,
no
questioning,
4
interview,
or
hearing
can
proceed
until
a
reasonable
amount
5
of
time
and
opportunity
are
provided
to
the
officer
to
obtain
6
legal
counsel.
In
addition,
the
officer
has
the
right,
at
the
7
officer’s
expense,
to
have
a
union
representative,
employee
8
representative,
or
designee
present
during
the
interview,
9
hearings,
or
other
disciplinary
proceedings.
The
union
10
representative
or
employee
representative
shall
not
be
required
11
to
disclose,
nor
be
subject
to
any
adverse
employment
action
12
for
refusing
to
disclose,
any
information
received
from
the
13
officer
under
investigation,
and
shall
not
be
compelled
to
14
disclose
in
any
judicial
proceeding,
nor
be
subject
to
any
15
investigation
or
punitive
action
for
refusing
to
disclose,
16
any
information
received
from
the
officer
under
investigation
17
or
from
an
agent
of
the
officer.
Communications
between
18
the
officer,
the
officer’s
legal
counsel,
and
the
officer’s
19
designated
union
representative
or
employee
representative
are
20
not
subject
to
discovery.
21
The
bill
provides
that
if
a
formal
administrative
22
investigation
may
result
in
the
removal,
discharge,
suspension,
23
or
other
disciplinary
action
against
an
officer,
copies
of
any
24
witness
statements
and
the
complete
investigative
agency’s
25
report
must
be
provided
at
no
charge,
upon
request,
to
the
26
officer
or
the
officer’s
legal
counsel.
If
an
interview,
27
hearing,
or
other
disciplinary
proceeding
involving
the
officer
28
who
is
the
subject
of
a
formal
administrative
investigation,
29
an
officer
who
is
a
witness
in
the
investigation
or
other
30
proceeding,
or
an
employee
representative
of
the
accused
31
officer,
is
conducted
while
the
officer
is
off
duty,
or
at
32
a
time
which
is
outside
of
the
officer’s
regularly
scheduled
33
shift,
the
officer
is
to
be
compensated.
Volunteer
officers
34
are
to
be
compensated
by
the
employing
agency
for
actual
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lost
time
from
other
work
as
a
result
of
an
interview
or
any
1
proceeding
related
to
an
investigation.
2
The
bill
provides
that
an
officer
has
the
right
to
bring
a
3
private
cause
of
action
and
pursue
civil
remedies
against
a
4
citizen
arising
from
the
filing
of
a
false
complaint
against
5
the
officer.
An
officer
must
bring
an
expedited
action
in
6
district
court
to
seek
equitable
relief
within
30
days
after
7
the
officer
knew
or
should
have
known
of
a
violation
of
Code
8
chapter
80F.
The
district
court
may
grant
any
equitable
9
relief,
including
a
temporary
or
permanent
injunction,
or
10
an
order
staying
investigatory
or
disciplinary
proceedings.
11
Additionally,
an
officer
may
seek,
within
180
days
of
a
12
final
agency
decision,
judicial
review
of
the
final
actions
13
of
the
employing
agency
in
accordance
with
the
terms
of
the
14
administrative
procedures
governing
the
employing
agency.
The
15
district
court
may
award
money
damages,
including
front
pay
and
16
back
pay,
and
equitable
relief
to
an
officer
upon
a
showing
of
17
a
violation
of
the
officer’s
substantive
or
procedural
rights.
18
The
bill
requires
that
an
officer’s
personal
information,
19
including
home
address,
personal
telephone
number,
personal
20
email
address,
date
of
birth,
social
security
number,
and
21
driver’s
license
number
be
held
confidential
and
be
redacted
22
from
any
record
prior
to
the
record’s
release
to
the
public
by
23
the
employing
agency.
24
The
bill
requires
the
employing
agency
to
provide
an
officer
25
and
the
officer’s
legal
counsel
with
a
formal
written
statement
26
of
the
administrative
charges
and
specifications
of
alleged
27
fact
from
the
formal
administrative
investigation
and
to
28
provide
an
opportunity
to
be
heard
before
imposing
any
punitive
29
or
disciplinary
action
against
the
officer.
The
burden
of
30
proof
to
sustain
administrative
charges
and
specifications
31
against
an
officer
at
hearing
is
by
a
preponderance
of
the
32
evidence.
Admissions,
confessions,
statements
against
33
interest,
or
other
evidence
obtained
during
the
investigation
34
and
interview
not
conducted
in
accordance
with
this
Code
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section
cannot
be
used
or
considered
in
any
disciplinary
1
proceeding
or
civil
action
against
the
officer,
and
cannot
form
2
the
basis
for
adverse
employment
action
against
the
officer.
3
The
employing
agency
must
keep
an
officer’s
statement,
4
recordings,
or
transcripts
of
any
interviews
or
disciplinary
5
proceedings,
and
any
complaints
made
against
an
officer
6
confidential
unless
otherwise
provided.
7
The
bill
requires
that
a
written
reprimand
be
removed
from
8
an
officer’s
personnel
file
within
one
year
from
the
date
of
9
the
reprimand
unless
the
officer
is
disciplined
during
the
10
one-year
period
for
substantially
similar
conduct.
Except
11
for
actions
brought
pursuant
to
Code
chapter
216
(civil
12
rights
commission),
a
written
reprimand
that
has
been
removed
13
from
an
officer’s
personnel
file
cannot
be
used
to
form
the
14
basis
for
or
to
enhance
any
disciplinary
action
against
the
15
officer.
An
employing
agency
must
provide
an
officer
a
written
16
copy
of
any
document
that
recommends
removal,
discharge,
17
suspension,
or
other
disciplinary
action
be
taken
against
the
18
officer,
excluding
a
training
report
or
an
evaluation,
prior
19
to
placing
it
in
the
officer’s
personnel
file.
An
officer
has
20
30
days
from
the
date
that
the
officer
is
provided
a
copy
of
21
the
documents
to
submit
a
written
response
to
the
officer’s
22
employing
agency.
The
written
response
will
be
attached
to
23
and
accompany
the
adverse
document.
A
complaint
against
24
an
officer
that
is
pending,
withdrawn,
or
determined
to
be
25
unfounded
or
not
sustained,
records
of
a
formal
administrative
26
investigation,
and
a
written
reprimand
removed
from
an
27
officer’s
personnel
file,
are
not
subject
to
discovery
in
any
28
civil
action
against
the
officer
except
for
actions
brought
29
pursuant
to
Code
chapter
216.
If
at
least
30
days
have
passed
30
since
the
final
disposition,
upon
written
request
by
an
31
officer,
the
record
of
a
complaint
made
against
the
officer
32
will
be
expunged
from
any
file
held
by
the
employing
agency
if
33
the
investigation
exonerated
the
officer
of
allegations
in
the
34
complaint,
the
investigation
determined
that
the
allegations
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were
withdrawn,
not
sustained
or
unfounded,
or
if
the
officer
1
is
exonerated
in
any
administrative
proceeding,
appeal,
other
2
disciplinary
proceeding,
or
judicial
review.
3
The
bill
requires
that
an
agency
employing
full-time
or
4
part-time
officers
provide
annual
training
to
any
officer
or
5
supervisor
who
may
perform
or
supervise
an
investigation
under
6
this
Code
section,
and
maintain
documentation
of
any
training
7
related
to
this
Code
section.
An
employing
agency
cannot
8
prohibit
secondary
employment
by
an
officer,
but
may
adopt
9
reasonable
regulations
related
to
secondary
employment.
A
10
locker,
or
other
space
for
storage
that
may
be
assigned
to
an
11
officer,
cannot
be
searched
without
the
officer
being
present,
12
or
without
the
officer’s
consent,
unless
a
valid
search
warrant
13
has
been
obtained
or
the
officer
has
been
notified
in
advance
14
that
a
search
will
be
conducted.
15
The
bill
requires
that,
on
request,
the
employing
agency
16
must
provide
to
the
officer
or
the
officer’s
legal
counsel
17
a
copy
of
the
officer’s
personnel
file
and
training
records
18
regardless
of
whether
the
officer
is
subject
to
a
formal
19
administrative
investigation
at
the
time
of
the
request.
20
The
bill
takes
effect
upon
enactment.
21
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