S.F. _____ 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 35 -1- LSB 1913XC (3) 88 as/lh 1/ 13

S.F. _____ 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 . 35 -2- LSB 1913XC (3) 88 as/lh 2/ 13

S.F. _____ 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. 35 -3- LSB 1913XC (3) 88 as/lh 3/ 13

S.F. _____ 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 35 -4- LSB 1913XC (3) 88 as/lh 4/ 13

S.F. _____ “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. 35 -5- LSB 1913XC (3) 88 as/lh 5/ 13

S.F. _____ 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 35 -6- LSB 1913XC (3) 88 as/lh 6/ 13

S.F. _____ 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 -7- LSB 1913XC (3) 88 as/lh 7/ 13

S.F. _____ 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 35 -8- LSB 1913XC (3) 88 as/lh 8/ 13

S.F. _____ 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 35 -9- LSB 1913XC (3) 88 as/lh 9/ 13

S.F. _____ 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 35 -10- LSB 1913XC (3) 88 as/lh 10/ 13

S.F. _____ 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 35 -11- LSB 1913XC (3) 88 as/lh 11/ 13

S.F. _____ 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 35 -12- LSB 1913XC (3) 88 as/lh 12/ 13

S.F. _____ 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 -13- LSB 1913XC (3) 88 as/lh 13/ 13