House
Study
Bill
289
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
VONDRAN)
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,
and
5
including
effective
date
and
retroactive
applicability
6
provisions.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
80B.6,
subsection
1,
paragraphs
a,
h,
and
1
i,
Code
2025,
are
amended
to
read
as
follows:
2
a.
Three
residents
One
resident
of
the
state.
3
h.
A
police
officer
who
is
a
member
of
a
police
department
4
of
a
city
with
a
population
of
fifty
twenty-five
thousand
5
persons
or
more.
6
i.
A
police
officer
who
is
a
member
of
a
police
department
7
of
a
city
with
a
population
of
less
than
fifty
twenty-five
8
thousand
persons.
9
Sec.
2.
Section
80B.6,
subsection
1,
Code
2025,
is
amended
10
by
adding
the
following
new
paragraphs:
11
NEW
PARAGRAPH
.
l.
A
member
of
the
Iowa
fraternal
order
of
12
police.
13
NEW
PARAGRAPH
.
m.
A
police
officer
employed
by
a
regents
14
institution.
15
Sec.
3.
Section
80B.11,
subsection
1,
paragraph
h,
Code
16
2025,
is
amended
by
striking
the
paragraph.
17
Sec.
4.
Section
80B.13,
Code
2025,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
11.
Receive,
investigate,
and
review
20
complaints
regarding
an
employing
agency’s
training
of
law
21
enforcement
officers,
including
compliance
with
minimum
22
training
required
by
law
and
documentation
deficiencies.
The
23
council
may
order
corrective
action,
including
providing
24
training
or
remedial
training
to
an
employing
agency,
to
meet
25
minimum
training
required
by
statute
or
regulation.
26
Sec.
5.
Section
80B.13A,
subsection
1,
Code
2025,
is
amended
27
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
28
following:
29
1.
For
purposes
of
this
section,
“final”
means
that
all
30
appeals
through
a
grievance
procedure,
civil
service
action,
31
or
other
cause
of
action
or
procedure
available
to
the
officer
32
have
been
exhausted.
33
Sec.
6.
Section
80B.13A,
subsection
2,
paragraphs
b
and
c,
34
Code
2025,
are
amended
to
read
as
follows:
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b.
Been
discharged
for
serious
misconduct
from
employment
1
as
a
law
enforcement
officer
or
from
appointment
as
a
reserve
2
peace
officer,
as
applicable
Manufactured,
sold,
or
conspired
3
to
manufacture
or
sell
a
controlled
substance
other
than
as
4
part
of
an
authorized
act
in
connection
with
official
duties
.
5
c.
Left,
voluntarily
quit,
or
been
laid
off
when
6
disciplinary
investigation
or
action
was
imminent
or
pending
7
which
could
have
resulted
in
the
law
enforcement
officer
being
8
discharged
or
the
reserve
peace
officer
being
removed
for
9
serious
misconduct,
if
the
council
determines
that
the
officer
10
engaged
in
serious
misconduct
Pled
guilty
to
or
been
convicted
11
of
a
crime
of
domestic
violence
or
domestic
abuse
assault
.
12
Sec.
7.
Section
80B.13A,
subsection
2,
Code
2025,
is
amended
13
by
adding
the
following
new
paragraphs:
14
NEW
PARAGRAPH
.
d.
Pled
guilty
to
or
been
convicted
of
15
any
offense
classified
as
a
tier
I,
tier
II,
or
tier
III
sex
16
offense
in
chapter
692A.
17
NEW
PARAGRAPH
.
e.
Pled
guilty
to
or
been
convicted
of
any
18
offense
under
prior
laws
of
this
state
or
another
jurisdiction,
19
or
any
offense
under
prior
law
that
was
prosecuted
in
a
20
federal,
military,
or
foreign
court
that
is
comparable
to
an
21
offense
listed
in
this
subsection.
22
Sec.
8.
Section
80B.13A,
subsection
3,
Code
2025,
is
amended
23
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
24
following:
25
3.
The
council
may
order
remedial
training
of
a
law
26
enforcement
officer
or
reserve
peace
officer
or
revoke
or
27
suspend
the
certification
of
a
law
enforcement
officer
or
28
reserve
peace
officer
due
to
any
of
the
following:
29
a.
The
law
enforcement
officer
or
reserve
peace
officer
30
while
under
oath
or
affirmation
knowingly
testifies
falsely
31
regarding
a
material
fact
in
any
court
of
law
or
administrative
32
hearing
with
the
intent
to
deceive.
33
b.
The
law
enforcement
officer
or
reserve
peace
officer
34
makes
a
materially
false
statement
in
a
document
prescribed
by
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the
academy
or
otherwise
provided
for
or
authorized
by
these
1
rules,
or
in
any
other
document
intended
to
induce
the
academy
2
or
the
council
to
take
or
withhold
action.
3
c.
The
law
enforcement
officer
or
reserve
peace
officer
4
pleads
guilty
to
or
is
convicted
of
a
crime
involving
moral
5
turpitude.
For
the
purposes
of
this
subsection,
a
crime
of
6
moral
turpitude
includes
theft,
identity
theft,
perjury
or
7
its
subordination,
fraudulent
practices,
securities
fraud,
8
extortion,
or
convictions
by
any
other
state
or
by
the
federal
9
government
under
statutes
substantially
corresponding
to
the
10
crimes
listed
in
this
subsection.
11
d.
The
law
enforcement
officer
or
reserve
peace
officer
12
is
shown
to
have
discriminated
against
any
applicant
or
13
employee
because
of
the
age,
race,
creed,
color,
sex,
sexual
14
orientation,
gender
identity,
national
origin,
religion,
or
15
disability
in
violation
of
chapter
216.
16
e.
The
law
enforcement
officer
or
reserve
peace
officer
17
retaliates
against
another
law
enforcement
officer,
reserve
18
peace
officer,
employee,
or
officer
as
defined
in
section
80F.1
19
because
of
exercising
rights
or
privileges
afforded
by
law.
20
f.
The
law
enforcement
officer
retaliates
against
another
21
law
enforcement
officer,
reserve
peace
officer,
employee,
or
22
officer
as
defined
in
section
80F.1,
for
whistleblowing.
23
g.
The
law
enforcement
officer
or
reserve
peace
officer
24
fails
to
complete
minimum
training
requirements
established
by
25
the
law
enforcement
academy.
26
h.
The
law
enforcement
officer
or
reserve
peace
officer
27
is
addicted
to
alcohol
or
illegal
drugs
and
has
refused
to
or
28
failed
to
be
rehabilitated.
29
i.
The
law
enforcement
officer
or
reserve
peace
officer
pled
30
guilty
to
or
was
convicted
of
using
objectively
unreasonable
31
force
in
violation
of
chapter
704.
32
j.
The
law
enforcement
officer
or
reserve
peace
officer
33
refuses
or
fails
to
complete
the
terms
of
a
valid
settlement
34
agreement
regarding
the
officer’s
certification.
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k.
Upon
the
recommendation
of
the
attorney
general
to
the
1
council
that
revocation
or
suspension
would
be
appropriate
2
pursuant
to
section
13.12.
3
l.
The
law
enforcement
officer
or
reserve
peace
officer
4
possessed
an
illegal
drug
other
than
as
part
of
an
authorized
5
act
in
connection
with
official
duties.
6
Sec.
9.
Section
80B.13A,
subsections
4
and
5,
Code
2025,
are
7
amended
to
read
as
follows:
8
4.
a.
An
employing
agency
shall
notify
the
council
within
9
ten
days
of
any
termination
of
employment
of
a
law
enforcement
10
officer
or
appointment
as
a
reserve
peace
officer.
The
11
notification
must
state
whether
the
law
enforcement
officer
or
12
reserve
peace
officer
was
discharged
or
removed
for
serious
13
misconduct
or
whether
the
officer
left,
voluntarily
quit,
or
14
was
laid
off
when
disciplinary
investigation
or
action
was
15
imminent
or
pending
which
could
have
resulted
in
the
officer
16
being
discharged
or
removed
for
serious
misconduct
resigned
in
17
lieu
of
termination,
or
was
discharged
or
removed,
and
whether
18
action
taken
by
the
agency
is
final
.
19
b.
If
after
the
employing
agency
submits
a
notification
20
under
subsection
4,
the
law
enforcement
officer
or
reserve
21
peace
officer
exercises
any
right
to
hold
the
decision
of
an
22
employing
agency
in
abeyance,
appeals,
grieves,
brings
a
cause
23
of
action
under
section
80F.1,
subsection
13,
or
contests
the
24
officer’s
termination
as
provided
by
law,
the
employing
agency
25
shall
notify
the
council
in
writing
within
ten
days
of
the
26
filing
of
such
action
by
the
officer.
27
c.
Upon
request
by
the
council,
the
employing
agency
shall
28
provide
any
additional
information
or
documentation
about
the
29
officer
including
confidential
records
or
information
under
30
section
22.7
or
other
applicable
law
to
the
council.
31
5.
a.
Any
recommendation,
notification
,
or
other
record
32
or
information
provided
by
an
employing
agency
or
the
attorney
33
general
pursuant
to
this
section
shall
be
confidential
except
34
as
required
by
rule
or
order
of
the
council,
an
administrative
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law
judge,
or
a
reviewing
court.
1
b.
Any
notification
or
other
record
or
information
provided
2
by
an
employing
agency
or
the
attorney
general
pursuant
to
this
3
section
shall
be
provided
to
the
law
enforcement
officer
or
4
reserve
peace
officer
by
the
academy
or
employing
agency
at
no
5
charge
upon
written
request
from
the
officer
or
the
officer’s
6
legal
counsel.
7
c.
Any
employing
agency
or
person
who,
acting
reasonably
and
8
in
good
faith,
files
a
notification
or
recommendation,
releases
9
information,
or
otherwise
cooperates
with
an
investigation
10
under
this
section
is
immune
from
any
liability,
civil
or
11
criminal,
which
might
otherwise
be
incurred
or
imposed
for
such
12
action
civil
liability
for
monetary
damages
.
13
d.
Upon
written
request
of
a
law
enforcement
officer
14
or
reserve
peace
officer
or
the
officer’s
legal
counsel,
15
the
academy
shall
provide
its
complete
investigation
report
16
concerning
the
officer
without
unnecessary
delay.
17
Sec.
10.
Section
80B.13A,
Code
2025,
is
amended
by
adding
18
the
following
new
subsections:
19
NEW
SUBSECTION
.
5A.
If
the
administrative
law
judge
or
20
council
determines
that
the
state
has
met
the
burden
of
proof
21
in
a
contested
case
to
show
the
law
enforcement
officer
or
22
reserve
peace
officer
committed
a
violation
under
this
chapter
23
and
discretionary
revocation
or
suspension
of
the
officer’s
24
certification
is
warranted,
then
the
administrative
law
judge
25
or
council
shall
determine
the
appropriate
sanction.
For
the
26
purposes
of
this
section,
the
administrative
law
judge
or
27
council
shall
consider
applicable
factors,
which
may
include
28
the
nature
of
the
conduct
at
issue
in
the
circumstances,
the
29
officer’s
training
and
education,
the
employing
agency’s
level
30
of
training
and
supervision
of
the
officer,
the
availability
31
of
remedial
training
to
correct
the
officer’s
issues,
whether
32
the
officer
has
been
provided
and
completed
remedial
training,
33
whether
the
officer
could
be
or
has
been
rehabilitated,
and
the
34
proportionality
of
the
sanction
to
the
conduct
at
issue.
The
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administrative
law
judge
or
council
shall
only
consider,
order,
1
or
impose
sanctions
upon
the
officer
if
the
alleged
violations
2
are
proven.
3
NEW
SUBSECTION
.
5B.
The
administrative
law
judge
or
council
4
shall
dismiss
unproven
administrative
charges
against
an
5
officer
in
a
contested
case
with
prejudice.
6
NEW
SUBSECTION
.
5C.
A
decision
of
the
council
to
revoke
7
the
certification
of
a
law
enforcement
officer
or
reserve
8
peace
officer
or
to
suspend
a
law
enforcement
officer’s
or
9
reserve
peace
officer’s
certification
for
longer
than
one
year
10
shall
be
made
by
a
two-thirds
majority
vote
of
the
council.
A
11
suspension
against
an
officer
less
than
one
year
or
any
other
12
action
against
an
officer
or
employing
agency
shall
be
made
by
13
a
majority
vote
of
the
council.
14
NEW
SUBSECTION
.
5D.
An
action
for
revocation
or
suspension
15
of
the
certification
of
a
law
enforcement
officer
or
reserve
16
peace
officer
shall
not
be
maintained
by
the
council
unless
the
17
action
is
commenced
within
ninety
days
from
the
date
the
law
18
enforcement
officer
or
reserve
peace
officer
has
exhausted
all
19
actions,
appeals,
or
procedures
available
to
the
officer.
20
Sec.
11.
NEW
SECTION
.
80B.13B
Rules
of
evidence.
21
The
rules
of
evidence
shall
apply
to
a
contested
case
22
involving
the
revocation
or
suspension
of
a
law
enforcement
23
officer’s
or
reserve
peace
officer’s
certification.
24
Sec.
12.
NEW
SECTION
.
80B.13C
Authority
of
the
attorney
25
general.
26
1.
The
attorney
general
shall
have
the
authority
to
dismiss
27
a
petition
in
whole
or
in
part
against
a
law
enforcement
28
officer
or
reserve
peace
officer
in
a
contested
case
in
the
29
interest
of
justice.
30
2.
The
attorney
general
may
negotiate
and
settle
a
contested
31
case
in
the
interest
of
justice.
32
Sec.
13.
NEW
SECTION
.
80B.13D
Reinstatement.
33
1.
A
law
enforcement
officer
or
reserve
peace
officer
34
whose
certification
was
suspended
shall
be
reinstated
upon
the
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officer’s
completion
of
the
suspension.
1
2.
If
the
law
enforcement
officer’s
or
reserve
peace
2
officer’s
certification
was
suspended
pursuant
to
an
agreement
3
with
the
attorney
general,
administrative
law
judge,
or
4
council,
the
officer’s
certification
shall
be
reinstated
upon
5
completion
of
the
suspension
and
any
terms
of
the
agreement.
6
Nothing
in
this
section
shall
be
construed
to
prohibit
an
7
agreement
with
mutually
agreed
upon
terms.
8
3.
The
academy
shall
not
adopt
or
enforce
rules
regarding
9
the
reinstatement
of
certification
for
a
law
enforcement
10
officer
or
reserve
peace
officer.
11
Sec.
14.
NEW
SECTION
.
80B.13E
Fees
and
costs.
12
A
law
enforcement
officer
or
reserve
peace
officer
who
13
substantially
prevails
in
a
contested
decertification
or
14
suspension
action
may
petition
the
district
court
for
an
15
award
of
reasonable
attorney
fees,
expert
fees,
and
costs
16
and
expenses
incurred
in
defending
the
contested
case.
The
17
district
court
shall
award
reasonable
attorney
fees,
expert
18
fees,
and
costs
and
expenses
to
the
officer
who
substantially
19
prevailed
in
the
contested
case.
20
Sec.
15.
Section
80F.1,
subsection
1,
paragraphs
c,
e,
and
21
f,
Code
2025,
are
amended
to
read
as
follows:
22
c.
“Formal
administrative
investigation”
means
an
23
investigative
process
ordered
by
a
commanding
officer
of
an
24
agency
or
commander’s
designee
during
which
the
questioning
25
of
an
officer
is
intended
to
gather
evidence
to
determine
the
26
merit
of
a
complaint
to
investigate
the
merit
of
a
complaint,
27
including
by
questioning
the
complainant
or
witnesses,
28
or
conducting
an
interview
of
the
officer
subject
to
the
29
complaint,
and
identifying
and
gathering
evidence
narrowly
30
tailored
to
the
complaint,
which
may
be
the
basis
for
seeking
31
removal,
discharge,
or
suspension,
or
other
disciplinary
action
32
against
the
officer.
33
e.
“Interview”
means
the
questioning
of
an
officer
34
who
is
the
subject
of
a
complaint
pursuant
to
the
formal
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administrative
investigation
procedures
of
the
investigating
1
agency,
if
such
a
complaint
may
be
the
basis
for
seeking
2
removal,
discharge,
or
suspension,
or
other
disciplinary
action
3
against
the
officer.
“Interview”
does
not
include
questioning
4
as
part
of
any
informal
inquiry
or
questioning
related
to
minor
5
infractions
of
agency
rules
which
that
will
not
result
in
6
removal,
discharge,
suspension,
or
other
disciplinary
action
7
against
the
officer.
An
interview
conducted
under
this
section
8
shall
not
be
construed
to
be
a
hearing.
9
f.
“Officer”
means
a
certified
law
enforcement
officer,
10
fire
fighter,
emergency
medical
technician,
paramedic,
medical
11
provider,
corrections
officer,
detention
officer,
jailer,
12
probation
or
parole
officer,
public
safety
telecommunicator,
13
dispatcher,
or
any
other
law
enforcement
officer
certified
,
14
in
training
to
become
certified,
or
whose
certification
15
is
governed
by
the
Iowa
law
enforcement
academy
and
who
is
16
employed
by
a
municipality,
county,
or
state
agency.
17
Sec.
16.
Section
80F.1,
subsections
5
and
9,
Code
2025,
are
18
amended
to
read
as
follows:
19
5.
a.
An
officer
who
is
the
subject
of
a
complaint
,
20
shall
,
at
a
minimum,
be
provided
a
written
summary
copy
of
the
21
complaint
prior
to
an
interview.
If
a
collective
bargaining
22
agreement
applies,
the
complaint
or
written
summary
shall
be
23
provided
pursuant
to
the
procedures
established
under
the
24
collective
bargaining
agreement.
If
the
complaint
alleges
25
domestic
abuse,
sexual
abuse,
workplace
harassment,
or
sexual
26
harassment,
an
officer
shall
not
receive
more
than
a
written
27
summary
of
the
complaint.
28
b.
Upon
written
request
of
the
officer
or
the
officer’s
29
legal
counsel,
the
employing
agency
shall
provide
to
the
30
officer
or
the
officer’s
legal
counsel
a
complete
copy
of
the
31
officer’s
incident
report,
prior
statements,
and
the
officer’s
32
video
or
audio
recordings
from
the
incident
giving
rise
to
the
33
complaint
without
unnecessary
delay
and
at
no
charge
prior
to
34
an
interview
of
the
officer.
Nothing
in
this
paragraph
shall
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be
construed
to
constitute
a
disclosure
of
public
records.
1
9.
If
a
formal
administrative
investigation
results
in
2
the
removal,
discharge,
or
suspension,
or
other
disciplinary
3
action
against
an
officer,
copies
of
any
witness
statements
4
and
the
complete
investigative
agency’s
report
shall
be
timely
5
provided
to
the
officer
upon
the
request
of
the
officer
or
6
the
officer’s
legal
counsel
upon
request
at
the
completion
7
of
the
investigation
Upon
written
request,
an
officer
or
the
8
officer’s
legal
counsel
shall
be
timely
provided
with
the
9
written
complaint,
copies
of
any
witness
statements,
and
the
10
investigative
agency’s
complete
report
.
11
Sec.
17.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
12
immediate
importance,
takes
effect
upon
enactment.
13
Sec.
18.
RETROACTIVE
APPLICABILITY.
The
following
applies
14
retroactively
to
January
1,
2024,
for
pending
contested
cases:
15
The
section
of
this
Act
enacting
section
80B.13C.
16
Sec.
19.
RETROACTIVE
APPLICABILITY.
The
following
applies
17
retroactively
to
January
1,
2023,
for
pending
contested
cases:
18
The
section
of
this
Act
enacting
section
80B.13D.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
Iowa
law
enforcement
academy
23
council
(council)
including
the
revocation
or
suspension
of
24
certifications
of
law
enforcement
officers
and
reserve
peace
25
officers,
and
administrative
investigations
under
the
peace
26
officer,
public
safety,
and
emergency
personnel
bill
of
rights.
27
IOWA
LAW
ENFORCEMENT
ACADEMY
——
COUNCIL.
Current
law
28
provides
that
the
council
consists
of
13
voting
members
29
appointed
by
the
governor,
subject
to
confirmation
by
the
30
senate,
which
includes
3
residents
of
the
state.
The
bill
31
provides
that
the
council
shall
include
one
resident
of
the
32
state,
and
adds
one
member
of
the
Iowa
fraternal
order
of
33
police
and
one
peace
officer
employed
by
a
regents
institution
34
to
the
membership
of
the
council.
The
bill
amends
the
city
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population
size
for
a
police
officer
on
the
council
to
be
one
1
officer
from
a
city
with
a
population
of
25,000
persons
or
more
2
and
one
officer
from
a
city
with
a
population
of
less
than
3
25,000
persons.
4
The
bill
strikes
Code
section
80B.11,
subsection
1,
5
paragraph
“h”,
which
provides
that
the
director
of
the
academy
6
shall
promulgate
rules
relative
to
grounds
for
revocation
or
7
suspension
of
a
law
enforcement
officer’s
certification.
8
The
bill
provides
that
a
“final”
decision
for
purposes
of
9
the
revocation
or
suspension
of
the
certification
of
a
law
10
enforcement
officer
or
peace
officer
by
the
council
means
11
that
all
appeals
through
a
grievance
procedure,
civil
service
12
action,
or
other
action
or
procedure
available
to
the
officer
13
have
been
exhausted.
14
The
bill
provides
that
the
council
may
receive,
investigate,
15
and
review
complaints
regarding
an
employing
agency’s
training
16
of
law
enforcement
officers,
including
compliance
with
minimum
17
training
required
by
law
and
documentation
deficiencies.
The
18
council
may
order
corrective
action,
including
providing
19
training
or
remedial
training
to
an
employing
agency,
to
meet
20
minimum
training
required
by
statute
or
regulation.
21
The
bill
provides
that
the
council
shall
revoke
the
22
certification
of
a
law
enforcement
officer
or
reserve
peace
23
officer
upon
a
finding
that
the
law
enforcement
officer
or
24
reserve
peace
officer
did
any
of
the
following:
manufactured,
25
sold,
or
conspired
to
manufacture
or
sell
a
controlled
26
substance
other
than
as
part
of
an
authorized
act
in
connection
27
with
official
duties;
pled
guilty
to
or
been
convicted
of
a
28
crime
of
domestic
violence
or
domestic
abuse
assault;
pled
29
guilty
to
or
been
convicted
of
any
offense
classified
as
a
30
tier
I,
tier
II,
or
tier
III
sex
offense;
or
pled
guilty
to
or
31
been
convicted
of
any
offense
under
prior
laws
of
this
state
32
or
another
jurisdiction,
or
any
offense
under
prior
law
that
33
was
prosecuted
in
a
federal,
military,
or
foreign
court
that
34
is
a
comparable
offense.
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The
bill
strikes
current
Code
section
80B.13A,
subsection
1
3,
concerning
discretionary
revocation
or
suspension
of
2
certification,
and
replaces
the
subsection.
The
bill
3
provides
that
the
council
may
order
remedial
training
of
a
4
law
enforcement
officer
or
reserve
peace
officer
or
revoke
5
or
suspend
the
certification
of
a
law
enforcement
officer
or
6
reserve
peace
officer
due
to
any
of
the
following:
the
officer
7
knowingly
testifies
falsely
regarding
a
material
fact
in
any
8
court
of
law
or
administrative
hearing
with
the
intent
to
9
deceive;
the
officer
makes
a
materially
false
statement
in
a
10
document
prescribed
by
the
academy
or
in
any
other
document
11
intended
to
induce
the
academy
or
the
council
to
take
or
12
withhold
action;
the
officer
pleads
guilty
to
or
is
convicted
13
of
a
crime
involving
moral
turpitude;
the
officer
is
shown
to
14
have
discriminated
against
any
applicant
or
employee
because
of
15
the
age,
race,
creed,
color,
sex,
sexual
orientation,
gender
16
identity,
national
origin,
religion,
or
disability
in
violation
17
of
Code
chapter
216;
the
officer
retaliates
against
another
18
law
enforcement
officer,
reserve
peace
officer,
employee,
or
19
officer
because
of
exercising
rights
or
privileges
afforded
by
20
law;
the
officer
retaliates
against
another
law
enforcement
21
officer,
reserve
peace
officer,
employee,
or
officer
for
22
whistleblowing;
the
officer
fails
to
complete
minimum
training
23
requirements
established
by
the
law
enforcement
academy;
the
24
officer
is
addicted
to
alcohol
or
illegal
drugs
and
has
refused
25
to
or
failed
to
be
rehabilitated;
the
officer
uses
objectively
26
unreasonable
force
in
violation
of
Code
chapter
704;
the
27
officer
refuses
or
fails
to
complete
the
terms
of
a
valid
28
settlement
agreement
regarding
the
officer’s
certification;
29
upon
the
recommendation
of
the
attorney
general
to
the
council
30
that
revocation
or
suspension
would
be
appropriate;
or
the
31
officer
possessed
an
illegal
drug
other
than
as
part
of
an
32
authorized
act
in
connection
with
official
duties.
33
The
bill
amends
current
law
to
provide
that
notification
34
of
the
council
by
an
employing
agency
of
any
termination
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of
employment
of
a
law
enforcement
officer
or
appointment
1
as
a
reserve
peace
officer
must
state
whether
the
law
2
enforcement
officer
or
reserve
peace
officer
resigned
in
lieu
3
of
termination,
or
was
discharged
or
removed,
and
whether
the
4
action
taken
by
the
agency
is
final.
5
The
bill
provides
that
if
a
law
enforcement
officer
or
6
reserve
peace
officer
exercises
any
right
to
hold
the
decision
7
of
an
employing
agency
in
abeyance,
or
appeals,
grieves,
brings
8
a
cause
of
action
under
Code
section
80F.1,
subsection
13,
or
9
contests
the
officer’s
termination,
the
employing
agency
shall
10
notify
the
council
in
writing
within
10
days
of
the
filing
of
11
such
action
by
the
officer.
12
The
bill
provides
that
any
notification
or
other
record
or
13
information
provided
by
an
employing
agency
or
the
attorney
14
general
shall
be
confidential
except
as
required
by
rule
15
or
order
of
the
council,
an
administrative
law
judge,
or
16
a
reviewing
court.
Any
notification
or
other
record
or
17
information
provided
by
an
employing
agency
or
the
attorney
18
general
pursuant
to
the
bill
shall
be
provided
to
the
law
19
enforcement
officer
or
reserve
peace
officer
by
the
academy
or
20
employing
agency
at
no
charge
upon
written
request
from
the
21
officer
or
the
officer’s
legal
counsel.
22
The
bill
provides
that
if
the
administrative
law
judge
or
23
council
determines
that
the
state
has
met
the
burden
of
proof
24
in
a
contested
case
to
show
the
law
enforcement
officer
or
25
reserve
peace
officer
committed
a
violation
under
the
bill
26
and
discretionary
revocation
or
suspension
of
the
officer’s
27
certification
is
warranted,
then
the
administrative
law
judge
28
or
council
shall
determine
the
appropriate
sanction.
The
29
administrative
law
judge
or
council
shall
dismiss
unproven
30
administrative
charges
against
an
officer
in
a
contested
case
31
with
prejudice.
32
The
bill
provides
that
a
decision
of
the
council
to
revoke
33
the
certification
of
a
law
enforcement
officer
or
reserve
34
peace
officer
or
to
suspend
the
law
enforcement
officer’s
or
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reserve
peace
officer’s
certification
for
longer
than
one
year
1
shall
be
made
by
a
two-thirds
majority
vote
of
the
council.
A
2
suspension
against
an
officer
less
than
one
year
or
any
other
3
action
against
an
officer
or
employing
agency
shall
be
made
by
4
a
majority
vote
of
the
council.
5
The
bill
provides
that
an
action
for
revocation
or
6
suspension
of
the
certification
of
a
law
enforcement
officer
7
or
reserve
peace
officer
must
be
commenced
within
90
days
from
8
the
date
the
law
enforcement
officer
or
reserve
peace
officer
9
has
exhausted
all
actions,
appeals,
or
procedures
available
to
10
the
officer.
11
The
bill
provides
that
the
rules
of
evidence
apply
to
a
12
contested
case
involving
the
revocation
or
suspension
of
a
law
13
enforcement
officer’s
or
reserve
peace
officer’s
certification.
14
Under
the
bill,
the
attorney
general
shall
have
the
15
authority
to
dismiss
a
petition
in
whole
or
in
part
against
a
16
law
enforcement
officer
or
reserve
peace
officer
in
a
contested
17
case
in
the
interest
of
justice,
and
may
negotiate
and
settle
a
18
contested
case
in
the
interest
of
justice.
19
The
bill
adds
a
new
Code
section
concerning
the
20
reinstatement
of
certification.
The
bill
provides
that
21
a
law
enforcement
officer
or
reserve
peace
officer
whose
22
certification
was
suspended
shall
be
reinstated
upon
the
23
officer’s
completion
of
the
suspension.
If
the
certification
24
was
suspended
pursuant
to
an
agreement
with
the
attorney
25
general,
administrative
law
judge,
or
council,
the
26
certification
shall
be
reinstated
upon
completion
of
the
27
suspension
and
any
terms
of
the
agreement.
The
academy
cannot
28
adopt
rules
regarding
the
reinstatement
of
certification
for
a
29
law
enforcement
officer
or
reserve
peace
officer.
30
The
bill
provides
that
a
law
enforcement
officer
or
reserve
31
peace
officer
who
substantially
prevails
in
a
contested
32
decertification
or
suspension
action
may
petition
the
district
33
court
for
an
award
of
reasonable
attorney
fees,
expert
fees,
34
and
costs
and
expenses
incurred
in
defending
the
contested
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case.
The
district
court
shall
award
reasonable
attorney
1
fees,
expert
fees,
and
costs
and
expenses
to
the
officer
who
2
substantially
prevailed
in
the
contested
case.
3
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
PERSONNEL
BILL
4
OF
RIGHTS
(CODE
CHAPTER
80F).
The
bill
amends
the
definition
5
of
“formal
administrative
investigation”
relating
to
formal
6
administrative
investigations
of
officers
to
include
an
7
investigative
process
ordered
by
a
commanding
officer
of
an
8
agency
or
commander’s
designee
during
which
the
investigation
9
and
questioning
of
an
officer
is
intended
to
gather
evidence
to
10
determine
the
merit
of
a
complaint
filed
against
the
officer,
11
which
may
be
the
basis
for
administrative
charges
seeking
12
the
removal,
discharge,
or
suspension,
or
other
disciplinary
13
action
against
the
officer.
The
bill
amends
the
definition
of
14
“officer”
to
include
a
paramedic,
medical
provider,
dispatcher,
15
and
any
other
law
enforcement
officer
in
training
or
whose
16
certification
is
governed
by
the
Iowa
law
enforcement
academy,
17
and
who
is
employed
by
a
municipality,
county,
or
state
agency.
18
The
bill
provides
that
upon
written
request
of
an
officer
or
19
an
officer’s
legal
counsel,
the
employing
agency
shall
provide
20
to
the
officer
or
the
officer’s
legal
counsel
a
complete
copy
21
of
the
officer’s
incident
report
and
the
officer’s
video
or
22
audio
recordings
from
the
incident
giving
rise
to
the
complaint
23
without
unnecessary
delay
prior
to
an
interview
of
the
officer.
24
The
bill
provides
that
the
provision
of
the
report
and
audio
25
and
video
recordings
shall
not
be
construed
to
constitute
a
26
disclosure
of
public
records.
27
The
bill
provides
that
upon
written
request
of
the
officer
or
28
the
officer’s
legal
counsel,
the
employing
agency
shall
provide
29
to
the
officer
or
the
officer’s
legal
counsel
a
complete
copy
30
of
the
officer’s
incident
report,
prior
statements,
and
the
31
officer’s
video
or
audio
recordings
from
the
incident
giving
32
rise
to
the
complaint
without
unnecessary
delay
and
at
no
33
charge
prior
to
an
interview
of
the
officer.
Upon
written
34
request,
an
officer
or
the
officer’s
legal
counsel
shall
be
35
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H.F.
_____
timely
provided
with
the
written
complaint,
copies
of
any
1
witness
statements,
and
the
investigative
agency’s
complete
2
report.
3
The
bill
takes
effect
upon
enactment.
4
The
section
of
the
bill
enacting
Code
section
80B.13C
5
applies
retroactively
to
January
1,
2024,
for
pending
contested
6
cases.
7
The
section
of
the
bill
enacting
Code
section
80B.13D
8
applies
retroactively
to
January
1,
2023,
for
pending
contested
9
cases.
10
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