Senate
File
267
-
Introduced
SENATE
FILE
267
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,
3
and
administrative
investigations
under
the
peace
officer,
4
public
safety,
and
emergency
personnel
bill
of
rights.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
80B.6,
subsection
1,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
Three
residents
One
resident
of
the
state.
3
Sec.
2.
Section
80B.6,
subsection
1,
Code
2023,
is
amended
4
by
adding
the
following
new
paragraphs:
5
NEW
PARAGRAPH
.
l.
A
member
of
the
Iowa
fraternal
order
of
6
police.
7
NEW
PARAGRAPH
.
m.
A
police
officer
employed
by
a
regents
8
institution.
9
Sec.
3.
Section
80B.13A,
subsection
1,
paragraphs
a
and
b,
10
Code
2023,
are
amended
to
read
as
follows:
11
a.
“Final”
means
that
all
appeals
through
a
grievance
12
procedure
,
civil
service
action,
or
other
action
or
procedure
13
available
to
the
officer
or
civil
service
have
been
exhausted.
14
b.
“Serious
misconduct”
means
improper
or
illegal
actions
15
taken
by
a
law
enforcement
officer
or
reserve
peace
officer
in
16
connection
with
the
officer’s
official
duties
including
but
not
17
limited
to
a
conviction
for
a
felony,
fabrication
of
evidence,
18
repeated
use
of
excessive
force
in
violation
of
clearly
19
established
law
,
acceptance
of
a
bribe,
or
the
commission
of
20
fraud.
21
Sec.
4.
Section
80B.13A,
subsection
2,
paragraph
c,
Code
22
2023,
is
amended
to
read
as
follows:
23
c.
Left,
Knowingly
left
or
voluntarily
quit
,
or
been
24
laid
off
when
the
officer
was
notified
of
a
disciplinary
25
investigation
or
action
was
imminent
or
pending
which
could
26
would
have
resulted
in
the
law
enforcement
officer
being
27
discharged
or
the
reserve
peace
officer
being
removed
for
28
serious
misconduct,
if
the
council
determines
that
the
officer
29
engaged
in
serious
misconduct.
30
Sec.
5.
Section
80B.13A,
subsection
3,
unnumbered
paragraph
31
1,
Code
2023,
is
amended
to
read
as
follows:
32
The
council
may
revoke
or
suspend
the
certification
of
a
law
33
enforcement
officer
or
reserve
peace
officer
and
may
publicly
34
or
privately
reprimand
a
law
enforcement
officer,
reserve
peace
35
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officer,
or
employing
agency
due
to
any
of
the
following:
1
Sec.
6.
Section
80B.13A,
subsection
4,
Code
2023,
is
amended
2
to
read
as
follows:
3
4.
a.
An
employing
agency
shall
notify
the
council
within
4
ten
days
of
any
termination
of
employment
of
a
law
enforcement
5
officer
or
appointment
as
a
reserve
peace
officer.
The
6
notification
must
state
whether
the
law
enforcement
officer
or
7
reserve
peace
officer
was
discharged
or
removed
for
serious
8
misconduct
,
or
whether
the
officer
left,
voluntarily
quit,
or
9
was
laid
off
when
was
notified
of
a
disciplinary
investigation
10
or
action
was
imminent
or
pending
which
could
would
have
11
resulted
in
the
officer
being
discharged
or
removed
for
serious
12
misconduct
,
whether
the
officer
left
or
voluntarily
quit,
and
13
whether
the
action
taken
by
the
agency
is
final
.
14
b.
If
the
law
enforcement
officer
or
reserve
peace
officer
15
exercises
any
right
to
hold
the
decision
of
an
employing
agency
16
in
abeyance,
or
appeals,
grieves,
or
contests
the
officer’s
17
termination
as
provided
by
law,
the
employing
agency
shall
18
notify
the
council
in
writing
within
ten
days
of
the
filing
of
19
such
action
by
the
officer.
20
c.
Upon
request
by
the
council,
the
employing
agency
shall
21
provide
any
additional
information
or
documentation
about
the
22
officer
including
confidential
records
or
information
under
23
section
22.7
or
other
applicable
law
to
the
council.
24
Sec.
7.
Section
80B.13A,
Code
2023,
is
amended
by
adding
the
25
following
new
subsections:
26
NEW
SUBSECTION
.
3A.
A
decision
of
the
council
to
revoke
27
the
certification
of
a
law
enforcement
officer
or
reserve
peace
28
officer,
to
suspend
a
law
enforcement
officer
or
reserve
peace
29
officer’s
certification,
or
any
other
action
against
an
officer
30
or
employing
agency
shall
be
made
by
a
majority
vote
of
the
31
council.
32
NEW
SUBSECTION
.
4A.
An
action
for
revocation
or
suspension
33
of
the
certification
of
a
law
enforcement
officer
or
reserve
34
peace
officer
shall
not
be
maintained
by
the
council
unless
the
35
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action
is
commenced
within
one
hundred
eighty
days
from
the
1
date
the
council
was
notified
of
the
grounds
for
the
revocation
2
or
suspension.
3
Sec.
8.
Section
80F.1,
subsection
1,
paragraphs
c
and
f,
4
Code
2023,
are
amended
to
read
as
follows:
5
c.
“Formal
administrative
investigation”
means
an
6
investigative
process
ordered
by
a
commanding
officer
of
an
7
agency
or
commander’s
designee
during
which
the
investigation
8
and
questioning
of
an
officer
is
intended
to
gather
evidence
9
to
determine
the
merit
of
a
complaint
,
which
may
be
the
basis
10
for
administrative
charges
seeking
the
removal,
discharge,
or
11
suspension,
or
other
disciplinary
action
against
the
officer.
12
f.
“Officer”
means
a
certified
law
enforcement
officer,
13
fire
fighter,
emergency
medical
technician
or
medical
14
provider
,
corrections
officer,
detention
officer,
jailer,
15
probation
or
parole
officer,
communications
officer,
or
any
16
other
law
enforcement
officer
certified
in
training
or
whose
17
certification
is
governed
by
the
Iowa
law
enforcement
academy
,
18
and
employed
by
a
municipality,
county,
or
state
agency.
19
Sec.
9.
Section
80F.1,
subsection
5,
Code
2023,
is
amended
20
to
read
as
follows:
21
5.
a.
An
officer
who
is
the
subject
of
a
complaint,
shall
22
at
a
minimum,
be
provided
a
written
summary
of
the
complaint
23
prior
to
an
interview.
If
a
collective
bargaining
agreement
24
applies,
the
complaint
or
written
summary
shall
be
provided
25
pursuant
to
the
procedures
established
under
the
collective
26
bargaining
agreement.
If
the
complaint
alleges
domestic
abuse,
27
sexual
abuse,
workplace
harassment,
or
sexual
harassment,
an
28
officer
shall
not
receive
more
than
a
written
summary
of
the
29
complaint.
30
b.
Upon
written
request
of
the
officer
or
the
officer’s
31
legal
counsel,
the
employing
agency
shall
provide
to
the
32
officer
or
the
officer’s
legal
counsel
a
complete
copy
of
the
33
officer’s
incident
report
and
the
officer’s
video
or
audio
34
recordings
from
the
incident
giving
rise
to
the
complaint
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without
unnecessary
delay
prior
to
an
interview
of
the
officer.
1
Nothing
in
this
paragraph
shall
be
construed
to
constitute
a
2
disclosure
of
public
records.
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
relates
to
the
Iowa
law
enforcement
academy
7
council
(council)
including
the
revocation
or
suspension
of
8
certifications
of
law
enforcement
officers
and
reserve
peace
9
officers,
and
administrative
investigations
under
the
peace
10
officer,
public
safety,
and
emergency
personnel
bill
of
rights.
11
IOWA
LAW
ENFORCEMENT
ACADEMY
——
COUNCIL.
Current
law
12
provides
that
the
council
consists
of
13
voting
members
13
appointed
by
the
governor,
subject
to
confirmation
by
the
14
senate,
which
includes
3
residents
of
the
state.
The
bill
15
provides
that
the
council
shall
include
one
resident
of
the
16
state,
and
adds
one
member
of
the
Iowa
fraternal
order
of
17
police
and
one
peace
officer
employed
by
a
regents
institution
18
to
the
membership
of
the
council.
19
The
bill
provides
that
a
“final”
decision
for
purposes
of
20
the
revocation
or
suspension
of
the
certification
of
a
law
21
enforcement
officer
or
peace
officer
by
the
council
means
22
that
all
appeals
through
a
grievance
procedure,
civil
service
23
action,
or
other
action
or
procedure
available
to
the
officer
24
have
been
exhausted,
and
“serious
misconduct”
includes
the
25
repeated
use
of
excessive
force
in
violation
of
clearly
26
established
law.
27
The
bill
provides
that
the
council
shall
revoke
the
28
certification
of
a
law
enforcement
officer
or
reserve
peace
29
officer
upon
a
finding
that
the
law
enforcement
officer
or
30
reserve
peace
officer
knowingly
left
or
voluntarily
quit
when
31
the
officer
was
notified
of
a
disciplinary
investigation
or
32
action
which
would
have
resulted
in
the
law
enforcement
officer
33
being
discharged
or
the
reserve
peace
officer
being
removed
for
34
serious
misconduct,
if
the
council
determines
that
the
officer
35
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engaged
in
serious
misconduct.
1
The
bill
provides
that
the
council
may
revoke
or
suspend
2
the
certification
of
a
law
enforcement
officer
or
reserve
3
peace
officer
and
may
publicly
or
privately
reprimand
a
law
4
enforcement
officer,
reserve
peace
officer,
or
employing
5
agency
due
to
any
of
the
following:
a
violation
of
any
rules
6
authorized
and
adopted
by
the
council,
when
an
employing
agency
7
recommends
to
the
council
that
revocation
or
suspension
would
8
be
appropriate,
or
when
the
attorney
general
recommends
that
9
revocation
or
suspension
would
be
appropriate.
10
The
bill
amends
current
law
to
provide
that
notification
11
of
the
council
by
an
employing
agency
of
any
termination
of
12
employment
of
a
law
enforcement
officer
or
appointment
as
a
13
reserve
peace
officer
must
state
whether
the
law
enforcement
14
officer
or
reserve
peace
officer
was
discharged
or
removed
15
for
serious
misconduct,
whether
the
officer
was
notified
16
of
a
disciplinary
investigation
or
action
which
would
have
17
resulted
in
the
officer
being
discharged
or
removed
for
serious
18
misconduct,
whether
the
officer
left
or
voluntarily
quit,
and
19
whether
the
action
taken
by
the
agency
is
final.
20
The
bill
provides
that
if
a
law
enforcement
officer
or
21
reserve
peace
officer
exercises
any
right
to
hold
the
decision
22
of
an
employing
agency
in
abeyance,
or
appeals,
grieves,
or
23
contests
the
officer’s
termination,
the
employing
agency
shall
24
notify
the
council
in
writing
within
10
days
of
the
filing
of
25
such
action
by
the
officer.
26
The
bill
provides
that
a
decision
of
the
council
to
revoke
27
the
certification
of
a
law
enforcement
officer
or
reserve
peace
28
officer,
to
suspend
the
certification
of
a
law
enforcement
29
officer
or
reserve
peace
officer,
or
any
other
action
against
30
an
officer
or
employing
agency
shall
be
made
by
a
majority
31
vote
of
the
council.
An
action
for
revocation
or
suspension
32
of
the
certification
of
a
law
enforcement
officer
or
reserve
33
peace
officer
shall
not
be
maintained
by
the
council
unless
the
34
action
is
commenced
within
180
days
from
the
date
the
council
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was
notified
of
the
grounds
for
the
revocation
or
suspension.
1
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
PERSONNEL
BILL
2
OF
RIGHTS
(CODE
CHAPTER
80F).
The
bill
amends
the
definition
3
of
“formal
administrative
investigation”
relating
to
formal
4
administrative
investigations
of
officers
to
include
an
5
investigative
process
ordered
by
a
commanding
officer
of
an
6
agency
or
commander’s
designee
during
which
the
investigation
7
and
questioning
of
an
officer
is
intended
to
gather
evidence
to
8
determine
the
merit
of
a
complaint
filed
against
the
officer,
9
which
may
be
the
basis
for
administrative
charges
seeking
10
the
removal,
discharge,
or
suspension,
or
other
disciplinary
11
action
against
the
officer.
The
bill
amends
the
definition
12
of
“officer”
to
include
a
medical
provider
and
any
other
law
13
enforcement
officer
in
training
or
whose
certification
is
14
governed
by
the
Iowa
law
enforcement
academy,
and
employed
by
a
15
municipality,
county,
or
state
agency.
16
The
bill
provides
that
upon
written
request
of
an
officer
or
17
an
officer’s
legal
counsel,
the
employing
agency
shall
provide
18
to
the
officer
or
the
officer’s
legal
counsel
a
complete
copy
19
of
the
officer’s
incident
report
and
the
officer’s
video
or
20
audio
recordings
from
the
incident
giving
rise
to
the
complaint
21
without
unnecessary
delay
prior
to
an
interview
of
the
officer.
22
The
bill
provides
that
the
provision
of
the
report
and
audio
23
and
video
recordings
shall
not
be
construed
to
constitute
a
24
disclosure
of
public
records.
25
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