Senate File 2123 - Introduced SENATE FILE 2123 BY COURNOYER A BILL FOR An Act relating to the Iowa law enforcement academy council 1 including the revocation or suspension of certifications 2 of law enforcement officers and reserve peace officers in 3 this state and certifications of law enforcement officers 4 in other states, and the peace officer, public safety, 5 and emergency personnel bill of rights including formal 6 administrative investigations of officers. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5673XS (3) 89 as/rh
S.F. 2123 Section 1. Section 80B.6, subsection 1, Code 2022, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . l. A member of the Iowa fraternal order of 3 police. 4 NEW PARAGRAPH . m. A peace officer employed by an 5 institution under the control of the state board of regents who 6 is not employed in an administrative position. 7 Sec. 2. Section 80B.11F, subsection 1, Code 2022, is amended 8 to read as follows: 9 1. For purposes of this section , serious aggravated 10 misconduct” means improper or illegal actions taken by a law 11 enforcement officer in connection with the officer’s official 12 duties including but not limited to a conviction for a felony, 13 fabrication of evidence, repeated use of excessive force in 14 violation of clearly established law , acceptance of a bribe, or 15 the commission of fraud. 16 Sec. 3. Section 80B.11F, subsection 3, paragraphs c and d, 17 Code 2022, are amended to read as follows: 18 c. Whether the applicant has been discharged for serious 19 aggravated misconduct from employment as a law enforcement 20 officer. 21 d. Whether the applicant knowingly left , or voluntarily 22 quit , or has been laid off when the applicant knew or believed 23 that was notified of a disciplinary investigation or action 24 was imminent or pending which could would have resulted in the 25 applicant being discharged for serious aggravated misconduct. 26 Sec. 4. Section 80B.11F, subsection 4, paragraphs c and d, 27 Code 2022, are amended to read as follows: 28 c. Been discharged for serious aggravated misconduct from 29 employment as a law enforcement officer. 30 d. Left, Knowingly left or voluntarily quit , or been 31 laid off when the officer was notified of a disciplinary 32 investigation or action was imminent or pending which could 33 would have resulted in the applicant being discharged for 34 serious aggravated misconduct, if the council determines that 35 -1- LSB 5673XS (3) 89 as/rh 1/ 7
S.F. 2123 the applicant engaged in serious aggravated misconduct. 1 Sec. 5. Section 80B.13A, subsection 1, paragraphs a and b, 2 Code 2022, are amended to read as follows: 3 a. “Final” means that all appeals through a grievance 4 procedure or other procedure available to the officer or civil 5 service have been exhausted. 6 b. Serious Aggravated misconduct” means improper or illegal 7 actions taken by a law enforcement officer or reserve peace 8 officer in connection with the officer’s official duties 9 including but not limited to a conviction for a felony, 10 fabrication of evidence, repeated use of excessive force in 11 violation of clearly established law , acceptance of a bribe, or 12 the commission of fraud. 13 Sec. 6. Section 80B.13A, subsection 2, paragraphs b and c, 14 Code 2022, are amended to read as follows: 15 b. Been discharged for serious aggravated misconduct from 16 employment as a law enforcement officer or from appointment as 17 a reserve peace officer, as applicable. 18 c. Left, Knowingly left or voluntarily quit , or been 19 laid off when the officer was notified of a disciplinary 20 investigation or action was imminent or pending which could 21 would have resulted in the law enforcement officer being 22 discharged or the reserve peace officer being removed for 23 serious aggravated misconduct, if the council determines that 24 the officer engaged in serious aggravated misconduct. 25 Sec. 7. Section 80B.13A, subsection 3, unnumbered paragraph 26 1, Code 2022, is amended to read as follows: 27 The council may revoke or suspend the certification of a 28 law enforcement officer or reserve peace officer , publicly or 29 privately reprimand an officer or employing agency, or order 30 remedial training for an officer or employing agency due to any 31 of the following: 32 Sec. 8. Section 80B.13A, subsection 4, Code 2022, is amended 33 to read as follows: 34 4. a. An employing agency shall notify the council within 35 -2- LSB 5673XS (3) 89 as/rh 2/ 7
S.F. 2123 ten days of any termination of employment of a law enforcement 1 officer or appointment as a reserve peace officer. The 2 notification must state whether the law enforcement officer or 3 reserve peace officer was discharged or removed for serious 4 aggravated misconduct , or whether the officer was notified of 5 a disciplinary investigation or action which clearly would 6 have resulted in the officer being discharged or removed for 7 aggravated misconduct and the officer left , or voluntarily 8 quit, or was laid off when disciplinary investigation or action 9 was imminent or pending which could have resulted in the 10 officer being discharged or removed for serious misconduct and 11 whether the action taken by the agency is final . 12 b. If the law enforcement officer or reserve peace officer 13 exercises any right to hold the employing agency’s decision 14 in abeyance or appeals, grieves, or contests the officer’s 15 termination as provided by law, the employing agency shall 16 notify the council in writing within ten days of the filing of 17 such action by the officer. 18 c. Upon request by the council, the employing agency shall 19 provide any additional information or documentation about the 20 officer including confidential records or information under 21 section 22.7 or other applicable law to the council. 22 Sec. 9. Section 80B.13A, Code 2022, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 3A. A decision of the council to revoke 25 the certification of a law enforcement officer or reserve peace 26 officer shall be made by a unanimous vote of the council. A 27 decision to suspend the certification of a law enforcement 28 officer or reserve peace officer for thirty days or more shall 29 be made by a supermajority vote of the council. 30 NEW SUBSECTION . 4A. An action for revocation or suspension 31 of the certification of a law enforcement officer or reserve 32 peace officer shall not be maintained by the council unless the 33 action is commenced within one hundred eighty days from the 34 date the council was notified of the grounds for the revocation 35 -3- LSB 5673XS (3) 89 as/rh 3/ 7
S.F. 2123 or suspension. 1 Sec. 10. Section 80F.1, subsection 1, paragraphs b and e, 2 Code 2022, are amended to read as follows: 3 b. “Formal administrative investigation” means an 4 investigative process ordered by a commanding officer of an 5 agency or commander’s designee during which the investigation 6 and questioning of an officer is intended to gather evidence 7 to determine the merit of a complaint which may be the basis 8 for administrative charges seeking the removal, discharge, or 9 suspension, or other disciplinary action against the officer. 10 e. “Officer” means a certified law enforcement officer, fire 11 fighter, emergency medical technician, corrections officer, 12 detention officer, jailer, probation or parole officer, 13 communications officer, or any other law enforcement officer 14 certified in training or who is certified by the Iowa law 15 enforcement academy and who is employed by a municipality, 16 county, or state agency. 17 Sec. 11. Section 80F.1, Code 2022, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5A. Upon written request by the officer or 20 the officer’s legal counsel, the employing agency shall provide 21 the officer who is the subject of a complaint or the officer’s 22 legal counsel with a complete copy of the officer’s incident 23 report and any video or audio recordings from the incident 24 giving rise to the complaint without unnecessary delay prior to 25 the officer’s interview. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the Iowa law enforcement academy 30 including the revocation or suspension of certifications of law 31 enforcement officers and reserve peace officers in this state 32 and certifications of law enforcement officers in other states 33 by the Iowa law enforcement academy council, and the peace 34 officer, public safety, and emergency personnel bill of rights 35 -4- LSB 5673XS (3) 89 as/rh 4/ 7
S.F. 2123 including formal administrative investigations of officers. 1 The bill adds a member of the Iowa fraternal order of police 2 and a peace officer employed by an institution under the 3 control of the state board of regents who is not employed in 4 an administrative position to the membership of the Iowa law 5 enforcement academy council (council). 6 The bill amends the current definition of “serious 7 misconduct” to “aggravated misconduct” for purposes of 8 the revocation or suspension of the certification of a law 9 enforcement officer or peace officer by the council. The 10 bill defines aggravated misconduct to mean illegal actions 11 taken by a law enforcement officer or reserve peace officer in 12 connection with the officer’s official duties including but not 13 limited to a conviction for a felony, fabrication of evidence, 14 repeated use of excessive force in violation of clearly 15 established law, acceptance of a bribe, or the commission of 16 fraud. The bill amends the definition of “final” for this same 17 purpose to mean that all appeals through a grievance procedure 18 or other procedure available to the officer or civil service 19 have been exhausted. The bill makes conforming changes to Code 20 section 80B.11F by changing “serious misconduct” to “aggravated 21 misconduct” concerning officers who were previously certified 22 in another state. 23 The bill provides that the council shall revoke the 24 certification of a law enforcement officer or reserve peace 25 officer upon a finding that the law enforcement officer 26 or peace officer has been discharged from employment for 27 aggravated misconduct or because the officer knowingly 28 left or voluntarily quit when the officer was notified of a 29 disciplinary investigation or action which would have resulted 30 in the law enforcement officer being discharged or the reserve 31 peace officer being removed for aggravated misconduct, if the 32 council determines that the officer engaged in aggravated 33 misconduct. 34 The bill provides that the council may revoke or suspend 35 -5- LSB 5673XS (3) 89 as/rh 5/ 7
S.F. 2123 the certification of a law enforcement officer or reserve 1 peace officer, publicly or privately reprimand an officer 2 or employing agency, or order remedial training for an 3 officer or employing agency due to any grounds authorized by 4 administrative rules or the recommendation of an employing 5 agency or the attorney general. 6 The bill provides that a decision of the council to revoke 7 the certification of a law enforcement officer or reserve peace 8 officer shall be made by a unanimous vote of the council. A 9 decision to suspend the certification of a law enforcement 10 officer or reserve peace officer for 30 days or more shall be 11 made by a supermajority vote of the council. An action for 12 revocation or suspension of certification of a law enforcement 13 officer or reserve peace officer shall not be maintained by the 14 council unless the action is commenced within 180 days from the 15 date the council was notified of the grounds for the revocation 16 or suspension. 17 The bill provides that an employing agency shall notify 18 the council within 10 days of any termination of employment 19 of a law enforcement officer or reserve peace officer, and 20 the notification must state whether the law enforcement 21 officer or reserve peace officer was discharged or removed 22 for aggravated misconduct, whether the officer was notified 23 of a disciplinary investigation or action which clearly would 24 have resulted in the officer being discharged or removed for 25 aggravated misconduct and the officer left or voluntarily quit, 26 and whether the action taken by the agency is final. If the 27 law enforcement officer or reserve peace officer exercises any 28 right to hold the employing agency’s decision in abeyance or 29 appeals, grieves, or contests the officer’s termination as 30 provided by law, the employing agency shall notify the council 31 in writing within 10 days of the filing of such action by the 32 officer. 33 The bill makes changes to the definitions of “formal 34 administrative investigation” and “officer” for purposes of 35 -6- LSB 5673XS (3) 89 as/rh 6/ 7
S.F. 2123 Code section 80F.1 (peace officer, public safety, and emergency 1 personnel bill of rights). 2 The bill amends the peace officer, public safety, and 3 emergency personnel bill of rights to provide that upon written 4 request by an officer who is the subject of a complaint or the 5 officer’s legal counsel, the employing agency shall provide the 6 officer or the officer’s legal counsel with a complete copy 7 of the officer’s incident report and the officer’s video or 8 audio recordings from the incident giving rise to the complaint 9 without unnecessary delay prior to the officer’s interview. 10 -7- LSB 5673XS (3) 89 as/rh 7/ 7