Print
House Study Bill 190 - IntroducedA Bill ForAn Act 1relating to the peace officer, public safety, and
2emergency personnel bill of rights, and providing an
3immediate effective date.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80F.1, subsection 1, paragraph a, Code
22019, is amended to read as follows:
3a. “Complaint” means a formal written allegation signed
4 sworn by the complainant or a written statement by an officer
5receiving an oral complaint supported by a sworn affidavit
6 stating the complainant’s allegation.
7 Sec. 2. Section 80F.1, subsections 3, 5, 6, 7, 8, 9, 11, 13,
8and 18, Code 2019, are amended to read as follows:
93. a. A formal administrative investigation of an officer
10shall be commenced without delay within one hundred eighty days
11from the date of the incident giving rise to the allegation
12against the officer and shall be completed without delay in
13a reasonable period of time and an not to exceed one hundred
14eighty days from the date of the complaint unless the officer
15signs a written waiver tolling the period of time for a
16specific period.
17b. Upon initiating a formal administrative investigation
18of an officer, the investigating agency shall promptly serve
19the officer under investigation with written notice of the
20complaint, shall inform the officer of the officer’s right
21to counsel, and shall provide the officer with a copy of the
22peace officer bill of rights. The notice shall include the
23names of all of the complainants, the alleged date of the
24occurrence giving rise to the complaint, a summary of the
25allegations against the officer, and the name and rank or title
26of the investigator in charge of the formal administrative
27investigation. The investigator shall not preside over any
28hearing or make the decision in any punitive or disciplinary
29action taken against the officer.
30c. Theofficer and the officer’s legal counsel, designated
31union representative, and designated employee representative
32 shall be immediately notified in writing of the results of
33the investigation when the investigation is completed unless
34otherwise specified by the officer. If the act, omission,
35or other allegation is also the subject of a criminal
-1-1investigation or criminal proceeding, the time during which
2the criminal investigation or criminal proceeding is pending
3shall toll the one-hundred-eighty-day period to complete the
4investigation under paragraph “a”.
55. An officer who is the subject of a complaint and the
6officer’s legal counsel, shall at a minimum, be provided a
7written summary or copy of the complaint and a copy of any
8policy, procedure, guideline, or order that the officer is
9alleged to have violated within a reasonable period of time
10 prior to an interview, but not less than seventy-two hours
11in advance of the interview. Upon written request of the
12officer or the officer’s legal counsel, the employing agency
13shall provide to the officer or the officer’s legal counsel a
14complete copy of any statements, documents, incident reports,
15video or audio recordings, and photographs from the incident
16giving rise to the complaint without unnecessary delay prior to
17an interview of the officer and allowing at least seventy-two
18hours for review before the interview. If a collective
19bargaining agreement applies, the complaint or written summary,
20a copy of any policy, procedure, guideline, or order that
21the officer is alleged to have violated, any statements,
22documents, incident reports, video or audio recordings, and
23photographs from the incident giving rise to the complaint
24 shall be provided pursuant to the procedures established
25under the collective bargaining agreement. If the complaint
26alleges domestic abuse, sexual abuse, or sexual harassment, an
27officer, the officer’s counsel, or union or designated employee
28representative shall not receive more than a written summary
29of the complaint.
306. An officer being interviewed shall only be asked
31questions which are within the scope of the complaint and shall
32 be advised by the interviewer that the officer shall answer the
33questions and be advised that the answers shall not be used
34against the officer in any subsequent criminal proceeding or
35investigation.
-2- 17. An interview of an officer who is the subject of the
2complaint and of any witness shall, at a minimum, be audio
3recorded, but the officer shall not be video recorded without
4the officer’s written consent. The employing agency shall
5provide the officer or the officer’s legal counsel or employee
6representative a complete copy of any audio recording and any
7transcript made of any interview without charge and without
8undue delay.
98. The officer shall have the right to have legal counsel
10present, at the officer’s expense, during the interview of
11the officer, during hearings, or during other disciplinary
12proceedings related to the complaint. The officer may request
13legal counsel at any time before or during an interview,
14hearing, or disciplinary proceeding. When an officer makes
15request for legal counsel, no questioning, interview, or
16hearing shall proceed until a reasonable amount of time
17and opportunity to obtain legal counsel are provided to the
18officer. In addition, the officer shall have the right, at the
19officer’s expense, to have a union representative or employee
20representative present during the interview, hearings, or other
21disciplinary proceedings, or, if not a member of a union, the
22officer shall have the right to have a designee present. The
23union representative or employee representative shall not be
24required to disclose, nor be subject to any adverse employment
25action for refusing to disclose, any information received from
26the officer under investigation. The officer’s legal counsel,
27union representative, or employee representative shall not
28be compelled to disclose in any judicial proceeding, nor be
29subject to any investigation or punitive action for refusing
30to disclose, any information received from the officer under
31investigation or from an agent of the officer. The officer and
32the officer’s legal counsel may coordinate and communicate in
33confidence with the officer’s designated union representative
34or employee representative, and the communications are not
35subject to discovery.
-3- 19. If a formal administrative investigation results may
2result in the removal, discharge, or suspension, or other
3disciplinary action against an officer, copies of any witness
4statements and the complete investigative agency’s report
5shall be timely provided and at no charge to the officer or
6the officer’s legal counsel upon the request of the officer or
7legal counsel.
811. If an interview, hearing, or other disciplinary
9proceeding involving the officer who is the subject of a formal
10administrative investigation, an officer who is a witness
11in the investigation or other proceeding, or an employee
12representative of the accused officer, is conducted while
13an the officer is off duty or at a time that is outside of
14the officer’s regularly scheduled shift, the officer shall
15be compensated as provided by law, or as provided in the
16applicable collective bargaining agreement. Volunteer officers
17shall be compensated by the employing agency for actual
18lost time from other work as a result of an interview or any
19proceeding related to an investigation.
2013. a. An officer shall have the right to bring a private
21cause of action and pursue civil remedies under the law
22including but not limited to money damages against a citizen
23arising from the filing of a false complaint against the
24officer.
25b. An officer shall have the right to bring an expedited
26action in district court to seek equitable relief to enforce
27any provision of this chapter. An action under this paragraph
28shall be brought within thirty days after the officer knew
29or should have known of a violation of this chapter, but the
30failure to bring an action under this paragraph shall not bar
31an action under paragraph “c” of this subsection. The district
32court may grant any equitable relief to the officer, including
33but not limited to a temporary or permanent injunction, or an
34order staying investigatory or disciplinary proceedings.
35c. In addition to the right granted pursuant to paragraph
-4-1“b” of this subsection, an officer may seek judicial review
2of the final actions of the employing agency in accordance
3with the procedures applicable to review of decisions by the
4employing agency. The officer shall bring a suit under this
5paragraph within one hundred eighty days after a final agency
6decision unless otherwise extended by the district court upon
7a showing of good cause. The district court may award money
8damages, including front pay and back pay, and equitable relief
9to an officer upon a showing of a violation of the officer’s
10substantive or procedural rights under this chapter.
1118. A municipality, county, or state agency employing
12an officer shall not publicly release the officer’s official
13photograph without the written permission of the officer or
14without a request to release pursuant to chapter 22. An
15officer’s personal information, including home address,
16personal telephone number, personal email address, date of
17birth, social security number, and driver’s license number
18shall be confidential and shall be redacted from any record
19prior to the record’s release to the public by the employing
20agency. Nothing in this subsection prohibits the release of an
21officer’s photograph or unredacted personal information to the
22officer’s legal counsel, union representative, or designated
23employee representative upon the officer’s request.
24 Sec. 3. Section 80F.1, Code 2019, is amended by adding the
25following new subsections:
26 NEW SUBSECTION. 18A. a. The employing agency shall
27promptly provide an officer and the officer’s legal counsel
28with a formal written statement of the administrative charges
29and specifications of alleged fact resulting from the formal
30administrative investigation and an opportunity to be heard
31prior to deciding upon or imposing any punitive or disciplinary
32action against the officer.
33b. At hearing, the burden of proof to sustain administrative
34charges and specifications against an officer shall be by a
35preponderance of the evidence.
-5- 1c. Admissions, confessions, statements against interest, or
2other evidence obtained during the course of the investigation
3and interview not conducted in accordance with this section
4shall not be used or considered in any disciplinary proceeding
5or civil action against the officer, and shall not form the
6basis for any adverse employment action against the officer.
7 NEW SUBSECTION. 18B. The employing agency shall keep
8an officer’s statement, recordings, or transcripts of any
9interviews or disciplinary proceedings, and any complaints made
10against an officer confidential unless otherwise provided in
11this section.
12 NEW SUBSECTION. 18C. A written reprimand shall be
13removed from an officer’s personnel file no later than one
14year from the date of the reprimand unless the officer is
15disciplined during the one-year period under the same policy
16for substantially similar conduct. A written reprimand that
17has been removed from an officer’s personnel file shall not
18be used to form the basis for or to enhance any disciplinary
19action against the officer. Except as otherwise provided in
20subsection 21, nothing in this section prohibits the employing
21agency from removing a written reprimand from an officer’s
22personnel file before the one-year period has expired.
23 NEW SUBSECTION. 20. An employing agency shall provide an
24officer with a written copy of any document that recommends
25removal, discharge, suspension, or other disciplinary action
26be taken against the officer prior to placing the document in
27the officer’s personnel file. An officer shall have thirty
28days from the date that the officer is provided a copy of
29any document that recommends removal, discharge, suspension,
30or other disciplinary action be taken against the officer to
31submit a written response to the officer’s employing agency.
32The written response shall be attached to and shall accompany
33the adverse document. This subsection does not apply to a
34training report or to an evaluation.
35 NEW SUBSECTION. 21. A complaint against an officer that
-6-1is pending, withdrawn, or determined to be unfounded or not
2sustained, records of a formal administrative investigation,
3and a written reprimand that has been removed from an officer’s
4personnel file, shall not be subject to discovery in any civil
5action against the officer except for actions brought pursuant
6to chapter 216.
7 NEW SUBSECTION. 22. If at least thirty days have passed
8since the final disposition, upon written request by an
9officer, the record of a complaint made against the officer
10shall be expunged from any file held by the employing agency if
11the investigation exonerated the officer of allegations in the
12complaint, the investigation determined that the allegations
13were withdrawn, not sustained or unfounded, or if the officer
14is exonerated in any administrative proceeding, appeal, other
15disciplinary proceeding, or judicial review.
16 NEW SUBSECTION. 23. An agency employing full-time or
17part-time officers shall provide annual training to any officer
18or supervisor who may perform or supervise an investigation
19under this section, and shall maintain documentation of any
20training related to this section.
21 NEW SUBSECTION. 24. An employing agency shall not prohibit
22secondary employment by an officer, but may adopt reasonable
23regulations that relate to secondary employment.
24 NEW SUBSECTION. 25. A locker, or other space for storage
25that may be assigned to an officer, shall not be searched
26without the officer being present, or without the officer’s
27consent, unless a valid search warrant has been obtained or
28the officer has been notified in advance that a search will be
29conducted. This section shall apply only to lockers or other
30spaces for storage that are owned or leased by the officer’s
31employing agency.
32 NEW SUBSECTION. 26. Upon request, the employing agency
33shall provide to the requesting officer or the officer’s legal
34counsel a copy of the officer’s personnel file and training
35records regardless of whether the officer is subject to a
-7-1formal administrative investigation at the time of the request.
2 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
3importance, takes effect upon enactment.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill makes changes to the peace officer, public safety,
8and emergency personnel bill of rights.
9The bill changes the definition of “complaint” to require
10that any formal written allegation must be sworn by the
11complainant or be a written statement by an officer who
12has received an oral complaint that is supported by a sworn
13affidavit.
14The bill provides that a formal administrative investigation
15of an officer must be commenced within 180 days from the
16date of the incident giving rise to the allegation against
17the officer. The investigation is to be completed within
18180 days from the date of the complaint, unless the officer
19signs a written waiver tolling the period of time for a
20specific period. After initiating a formal administrative
21investigation of an officer, the investigating agency must
22promptly serve the officer under investigation with written
23notice of the complaint, inform the officer of the officer’s
24right to counsel, and provide the officer with a copy of the
25peace officer bill of rights. The notice must include the
26names of all of the complainants, the alleged date of the
27occurrence giving rise to the complaint, a summary of the
28allegations against the officer, and the name and rank or title
29of the investigator in charge of the formal administrative
30investigation. The investigator must not preside over any
31hearing or make the decision in any punitive or disciplinary
32action taken against the officer.
33The bill provides that the officer and the officer’s legal
34counsel, designated union representative, and designated
35employee representative are to be immediately notified
-8-1in writing of the results of the investigation when the
2investigation is completed unless otherwise specified by the
3officer. If the act, omission, or other allegation is also the
4subject of a criminal investigation or criminal proceeding, the
5180-day period for completing the investigation is tolled while
6the criminal investigation or criminal proceeding is pending.
7The bill provides that an officer who is the subject of a
8complaint and the officer’s legal counsel are to be provided
9with a copy of the complaint and a copy of any policy,
10procedure, guideline, or order that the officer is alleged
11to have violated not less than 72 hours in advance of any
12interview. Upon written request, the employing agency is also
13required to provide to the officer or the officer’s legal
14counsel a complete copy of any statements, documents, incident
15reports, video or audio recordings, and photographs from the
16incident. If, however, the complaint alleges domestic abuse,
17sexual abuse, or sexual harassment, an officer, officer’s
18counsel, union, or designated employee representative will not
19receive a copy of the complaint but will receive a written
20summary of the complaint.
21The bill provides that an officer being interviewed can only
22be asked questions which are within the scope of the complaint.
23The officer is to be advised by the interviewer to answer the
24questions and that the answers cannot be used against the
25officer in any subsequent criminal proceeding or investigation.
26An interview of an officer who is the subject of the complaint
27and of any witness is required to be audio recorded. However,
28the officer shall not be video recorded without the officer’s
29written consent. The employing agency must provide the officer
30or the officer’s legal counsel or employee representative a
31complete copy of any audio recording and any transcript made of
32any interview without charge and without undue delay.
33The bill provides that an officer has the right to have
34legal counsel present, at the officer's expense, during
35the interview of the officer, hearings, or during other
-9-1disciplinary proceedings related to the complaint, and the
2officer may request legal counsel at any time before or during
3an interview, hearing, or disciplinary proceeding. When an
4officer makes a request for legal counsel, no questioning,
5interview, or hearing can proceed until a reasonable amount
6of time and opportunity are provided to the officer to obtain
7legal counsel. In addition, the officer has the right, at the
8officer’s expense, to have a union representative, employee
9representative, or designee present during the interview,
10hearings, or other disciplinary proceedings. The union
11representative or employee representative shall not be required
12to disclose, nor be subject to any adverse employment action
13for refusing to disclose, any information received from the
14officer under investigation, and shall not be compelled to
15disclose in any judicial proceeding, nor be subject to any
16investigation or punitive action for refusing to disclose,
17any information received from the officer under investigation
18or from an agent of the officer. Communications between
19the officer, the officer’s legal counsel, and the officer’s
20designated union representative or employee representative are
21not subject to discovery.
22The bill provides that if a formal administrative
23investigation may result in the removal, discharge, suspension,
24or other disciplinary action against an officer, copies of any
25witness statements and the complete investigative agency’s
26report must be provided at no charge, upon request, to the
27officer or the officer’s legal counsel. If an interview,
28hearing, or other disciplinary proceeding involving the officer
29who is the subject of a formal administrative investigation,
30an officer who is a witness in the investigation or other
31proceeding, or an employee representative of the accused
32officer, is conducted while the officer is off duty, or at
33a time which is outside of the officer’s regularly scheduled
34shift, the officer is to be compensated. Volunteer officers
35are to be compensated by the employing agency for actual
-10-1lost time from other work as a result of an interview or any
2proceeding related to an investigation.
3The bill provides that an officer has the right to bring a
4private cause of action and pursue civil remedies against a
5citizen arising from the filing of a false complaint against
6the officer. An officer must bring an expedited action in
7district court to seek equitable relief within 30 days after
8the officer knew or should have known of a violation of Code
9chapter 80F. The district court may grant any equitable
10relief, including a temporary or permanent injunction, or
11an order staying investigatory or disciplinary proceedings.
12Additionally, an officer may seek, within 180 days of a
13final agency decision, judicial review of the final actions
14of the employing agency in accordance with the terms of the
15administrative procedures governing the employing agency. The
16district court may award money damages, including front pay and
17back pay, and equitable relief to an officer upon a showing of
18a violation of the officer’s substantive or procedural rights.
19The bill requires that an officer’s personal information,
20including home address, personal telephone number, personal
21email address, date of birth, social security number, and
22driver’s license number be held confidential and be redacted
23from any record prior to the record’s release to the public by
24the employing agency.
25The bill requires the employing agency to provide an officer
26and the officer’s legal counsel with a formal written statement
27of the administrative charges and specifications of alleged
28fact from the formal administrative investigation and to
29provide an opportunity to be heard before imposing any punitive
30or disciplinary action against the officer. The burden of
31proof to sustain administrative charges and specifications
32against an officer at hearing is by a preponderance of the
33evidence. Admissions, confessions, statements against
34interest, or other evidence obtained during the investigation
35and interview not conducted in accordance with this Code
-11-1section cannot be used or considered in any disciplinary
2proceeding or civil action against the officer, and cannot form
3the basis for adverse employment action against the officer.
4The employing agency must keep an officer’s statement,
5recordings, or transcripts of any interviews or disciplinary
6proceedings, and any complaints made against an officer
7confidential unless otherwise provided.
8The bill requires that a written reprimand be removed from
9an officer’s personnel file within one year from the date of
10the reprimand unless the officer is disciplined during the
11one-year period for substantially similar conduct. Except
12for actions brought pursuant to Code chapter 216 (civil
13rights commission), a written reprimand that has been removed
14from an officer’s personnel file cannot be used to form the
15basis for or to enhance any disciplinary action against the
16officer. An employing agency must provide an officer a written
17copy of any document that recommends removal, discharge,
18suspension, or other disciplinary action be taken against the
19officer, excluding a training report or an evaluation, prior
20to placing it in the officer’s personnel file. An officer has
2130 days from the date that the officer is provided a copy of
22the documents to submit a written response to the officer’s
23employing agency. The written response will be attached to
24and accompany the adverse document. A complaint against
25an officer that is pending, withdrawn, or determined to be
26unfounded or not sustained, records of a formal administrative
27investigation, and a written reprimand removed from an
28officer’s personnel file, are not subject to discovery in any
29civil action against the officer except for actions brought
30pursuant to Code chapter 216. If at least 30 days have passed
31since the final disposition, upon written request by an
32officer, the record of a complaint made against the officer
33will be expunged from any file held by the employing agency if
34the investigation exonerated the officer of allegations in the
35complaint, the investigation determined that the allegations
-12-1were withdrawn, not sustained or unfounded, or if the officer
2is exonerated in any administrative proceeding, appeal, other
3disciplinary proceeding, or judicial review.
4The bill requires that an agency employing full-time or
5part-time officers provide annual training to any officer or
6supervisor who may perform or supervise an investigation under
7this Code section, and maintain documentation of any training
8related to this Code section. An employing agency cannot
9prohibit secondary employment by an officer, but may adopt
10reasonable regulations related to secondary employment. A
11locker, or other space for storage that may be assigned to an
12officer, cannot be searched without the officer being present,
13or without the officer’s consent, unless a valid search warrant
14has been obtained or the officer has been notified in advance
15that a search will be conducted.
16The bill requires that, on request, the employing agency
17must provide to the officer or the officer’s legal counsel
18a copy of the officer’s personnel file and training records
19regardless of whether the officer is subject to a formal
20administrative investigation at the time of the request.
21The bill takes effect upon enactment.
-13-as/lh
2emergency personnel bill of rights, and providing an
3immediate effective date.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80F.1, subsection 1, paragraph a, Code
22019, is amended to read as follows:
3a. “Complaint” means a formal written allegation signed
4 sworn by the complainant or a written statement by an officer
5receiving an oral complaint supported by a sworn affidavit
6 stating the complainant’s allegation.
7 Sec. 2. Section 80F.1, subsections 3, 5, 6, 7, 8, 9, 11, 13,
8and 18, Code 2019, are amended to read as follows:
93. a. A formal administrative investigation of an officer
10shall be commenced without delay within one hundred eighty days
11from the date of the incident giving rise to the allegation
12against the officer and shall be completed without delay in
13a reasonable period of time and an not to exceed one hundred
14eighty days from the date of the complaint unless the officer
15signs a written waiver tolling the period of time for a
16specific period.
17b. Upon initiating a formal administrative investigation
18of an officer, the investigating agency shall promptly serve
19the officer under investigation with written notice of the
20complaint, shall inform the officer of the officer’s right
21to counsel, and shall provide the officer with a copy of the
22peace officer bill of rights. The notice shall include the
23names of all of the complainants, the alleged date of the
24occurrence giving rise to the complaint, a summary of the
25allegations against the officer, and the name and rank or title
26of the investigator in charge of the formal administrative
27investigation. The investigator shall not preside over any
28hearing or make the decision in any punitive or disciplinary
29action taken against the officer.
30c. Theofficer and the officer’s legal counsel, designated
31union representative, and designated employee representative
32 shall be immediately notified in writing of the results of
33the investigation when the investigation is completed unless
34otherwise specified by the officer. If the act, omission,
35or other allegation is also the subject of a criminal
-1-1investigation or criminal proceeding, the time during which
2the criminal investigation or criminal proceeding is pending
3shall toll the one-hundred-eighty-day period to complete the
4investigation under paragraph “a”.
55. An officer who is the subject of a complaint and the
6officer’s legal counsel, shall at a minimum, be provided a
7written summary or copy of the complaint and a copy of any
8policy, procedure, guideline, or order that the officer is
9alleged to have violated within a reasonable period of time
10 prior to an interview, but not less than seventy-two hours
11in advance of the interview. Upon written request of the
12officer or the officer’s legal counsel, the employing agency
13shall provide to the officer or the officer’s legal counsel a
14complete copy of any statements, documents, incident reports,
15video or audio recordings, and photographs from the incident
16giving rise to the complaint without unnecessary delay prior to
17an interview of the officer and allowing at least seventy-two
18hours for review before the interview. If a collective
19bargaining agreement applies, the complaint or written summary,
20a copy of any policy, procedure, guideline, or order that
21the officer is alleged to have violated, any statements,
22documents, incident reports, video or audio recordings, and
23photographs from the incident giving rise to the complaint
24 shall be provided pursuant to the procedures established
25under the collective bargaining agreement. If the complaint
26alleges domestic abuse, sexual abuse, or sexual harassment, an
27officer, the officer’s counsel, or union or designated employee
28representative shall not receive more than a written summary
29of the complaint.
306. An officer being interviewed shall only be asked
31questions which are within the scope of the complaint and shall
32 be advised by the interviewer that the officer shall answer the
33questions and be advised that the answers shall not be used
34against the officer in any subsequent criminal proceeding or
35investigation.
-2- 17. An interview of an officer who is the subject of the
2complaint and of any witness shall, at a minimum, be audio
3recorded, but the officer shall not be video recorded without
4the officer’s written consent. The employing agency shall
5provide the officer or the officer’s legal counsel or employee
6representative a complete copy of any audio recording and any
7transcript made of any interview without charge and without
8undue delay.
98. The officer shall have the right to have legal counsel
10present, at the officer’s expense, during the interview of
11the officer, during hearings, or during other disciplinary
12proceedings related to the complaint. The officer may request
13legal counsel at any time before or during an interview,
14hearing, or disciplinary proceeding. When an officer makes
15request for legal counsel, no questioning, interview, or
16hearing shall proceed until a reasonable amount of time
17and opportunity to obtain legal counsel are provided to the
18officer. In addition, the officer shall have the right, at the
19officer’s expense, to have a union representative or employee
20representative present during the interview, hearings, or other
21disciplinary proceedings, or, if not a member of a union, the
22officer shall have the right to have a designee present. The
23union representative or employee representative shall not be
24required to disclose, nor be subject to any adverse employment
25action for refusing to disclose, any information received from
26the officer under investigation. The officer’s legal counsel,
27union representative, or employee representative shall not
28be compelled to disclose in any judicial proceeding, nor be
29subject to any investigation or punitive action for refusing
30to disclose, any information received from the officer under
31investigation or from an agent of the officer. The officer and
32the officer’s legal counsel may coordinate and communicate in
33confidence with the officer’s designated union representative
34or employee representative, and the communications are not
35subject to discovery.
-3- 19. If a formal administrative investigation results may
2result in the removal, discharge, or suspension, or other
3disciplinary action against an officer, copies of any witness
4statements and the complete investigative agency’s report
5shall be timely provided and at no charge to the officer or
6the officer’s legal counsel upon the request of the officer or
7legal counsel.
811. If an interview, hearing, or other disciplinary
9proceeding involving the officer who is the subject of a formal
10administrative investigation, an officer who is a witness
11in the investigation or other proceeding, or an employee
12representative of the accused officer, is conducted while
13an the officer is off duty or at a time that is outside of
14the officer’s regularly scheduled shift, the officer shall
15be compensated as provided by law, or as provided in the
16applicable collective bargaining agreement. Volunteer officers
17shall be compensated by the employing agency for actual
18lost time from other work as a result of an interview or any
19proceeding related to an investigation.
2013. a. An officer shall have the right to bring a private
21cause of action and pursue civil remedies under the law
22including but not limited to money damages against a citizen
23arising from the filing of a false complaint against the
24officer.
25b. An officer shall have the right to bring an expedited
26action in district court to seek equitable relief to enforce
27any provision of this chapter. An action under this paragraph
28shall be brought within thirty days after the officer knew
29or should have known of a violation of this chapter, but the
30failure to bring an action under this paragraph shall not bar
31an action under paragraph “c” of this subsection. The district
32court may grant any equitable relief to the officer, including
33but not limited to a temporary or permanent injunction, or an
34order staying investigatory or disciplinary proceedings.
35c. In addition to the right granted pursuant to paragraph
-4-1“b” of this subsection, an officer may seek judicial review
2of the final actions of the employing agency in accordance
3with the procedures applicable to review of decisions by the
4employing agency. The officer shall bring a suit under this
5paragraph within one hundred eighty days after a final agency
6decision unless otherwise extended by the district court upon
7a showing of good cause. The district court may award money
8damages, including front pay and back pay, and equitable relief
9to an officer upon a showing of a violation of the officer’s
10substantive or procedural rights under this chapter.
1118. A municipality, county, or state agency employing
12an officer shall not publicly release the officer’s official
13photograph without the written permission of the officer or
14without a request to release pursuant to chapter 22. An
15officer’s personal information, including home address,
16personal telephone number, personal email address, date of
17birth, social security number, and driver’s license number
18shall be confidential and shall be redacted from any record
19prior to the record’s release to the public by the employing
20agency. Nothing in this subsection prohibits the release of an
21officer’s photograph or unredacted personal information to the
22officer’s legal counsel, union representative, or designated
23employee representative upon the officer’s request.
24 Sec. 3. Section 80F.1, Code 2019, is amended by adding the
25following new subsections:
26 NEW SUBSECTION. 18A. a. The employing agency shall
27promptly provide an officer and the officer’s legal counsel
28with a formal written statement of the administrative charges
29and specifications of alleged fact resulting from the formal
30administrative investigation and an opportunity to be heard
31prior to deciding upon or imposing any punitive or disciplinary
32action against the officer.
33b. At hearing, the burden of proof to sustain administrative
34charges and specifications against an officer shall be by a
35preponderance of the evidence.
-5- 1c. Admissions, confessions, statements against interest, or
2other evidence obtained during the course of the investigation
3and interview not conducted in accordance with this section
4shall not be used or considered in any disciplinary proceeding
5or civil action against the officer, and shall not form the
6basis for any adverse employment action against the officer.
7 NEW SUBSECTION. 18B. The employing agency shall keep
8an officer’s statement, recordings, or transcripts of any
9interviews or disciplinary proceedings, and any complaints made
10against an officer confidential unless otherwise provided in
11this section.
12 NEW SUBSECTION. 18C. A written reprimand shall be
13removed from an officer’s personnel file no later than one
14year from the date of the reprimand unless the officer is
15disciplined during the one-year period under the same policy
16for substantially similar conduct. A written reprimand that
17has been removed from an officer’s personnel file shall not
18be used to form the basis for or to enhance any disciplinary
19action against the officer. Except as otherwise provided in
20subsection 21, nothing in this section prohibits the employing
21agency from removing a written reprimand from an officer’s
22personnel file before the one-year period has expired.
23 NEW SUBSECTION. 20. An employing agency shall provide an
24officer with a written copy of any document that recommends
25removal, discharge, suspension, or other disciplinary action
26be taken against the officer prior to placing the document in
27the officer’s personnel file. An officer shall have thirty
28days from the date that the officer is provided a copy of
29any document that recommends removal, discharge, suspension,
30or other disciplinary action be taken against the officer to
31submit a written response to the officer’s employing agency.
32The written response shall be attached to and shall accompany
33the adverse document. This subsection does not apply to a
34training report or to an evaluation.
35 NEW SUBSECTION. 21. A complaint against an officer that
-6-1is pending, withdrawn, or determined to be unfounded or not
2sustained, records of a formal administrative investigation,
3and a written reprimand that has been removed from an officer’s
4personnel file, shall not be subject to discovery in any civil
5action against the officer except for actions brought pursuant
6to chapter 216.
7 NEW SUBSECTION. 22. If at least thirty days have passed
8since the final disposition, upon written request by an
9officer, the record of a complaint made against the officer
10shall be expunged from any file held by the employing agency if
11the investigation exonerated the officer of allegations in the
12complaint, the investigation determined that the allegations
13were withdrawn, not sustained or unfounded, or if the officer
14is exonerated in any administrative proceeding, appeal, other
15disciplinary proceeding, or judicial review.
16 NEW SUBSECTION. 23. An agency employing full-time or
17part-time officers shall provide annual training to any officer
18or supervisor who may perform or supervise an investigation
19under this section, and shall maintain documentation of any
20training related to this section.
21 NEW SUBSECTION. 24. An employing agency shall not prohibit
22secondary employment by an officer, but may adopt reasonable
23regulations that relate to secondary employment.
24 NEW SUBSECTION. 25. A locker, or other space for storage
25that may be assigned to an officer, shall not be searched
26without the officer being present, or without the officer’s
27consent, unless a valid search warrant has been obtained or
28the officer has been notified in advance that a search will be
29conducted. This section shall apply only to lockers or other
30spaces for storage that are owned or leased by the officer’s
31employing agency.
32 NEW SUBSECTION. 26. Upon request, the employing agency
33shall provide to the requesting officer or the officer’s legal
34counsel a copy of the officer’s personnel file and training
35records regardless of whether the officer is subject to a
-7-1formal administrative investigation at the time of the request.
2 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
3importance, takes effect upon enactment.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill makes changes to the peace officer, public safety,
8and emergency personnel bill of rights.
9The bill changes the definition of “complaint” to require
10that any formal written allegation must be sworn by the
11complainant or be a written statement by an officer who
12has received an oral complaint that is supported by a sworn
13affidavit.
14The bill provides that a formal administrative investigation
15of an officer must be commenced within 180 days from the
16date of the incident giving rise to the allegation against
17the officer. The investigation is to be completed within
18180 days from the date of the complaint, unless the officer
19signs a written waiver tolling the period of time for a
20specific period. After initiating a formal administrative
21investigation of an officer, the investigating agency must
22promptly serve the officer under investigation with written
23notice of the complaint, inform the officer of the officer’s
24right to counsel, and provide the officer with a copy of the
25peace officer bill of rights. The notice must include the
26names of all of the complainants, the alleged date of the
27occurrence giving rise to the complaint, a summary of the
28allegations against the officer, and the name and rank or title
29of the investigator in charge of the formal administrative
30investigation. The investigator must not preside over any
31hearing or make the decision in any punitive or disciplinary
32action taken against the officer.
33The bill provides that the officer and the officer’s legal
34counsel, designated union representative, and designated
35employee representative are to be immediately notified
-8-1in writing of the results of the investigation when the
2investigation is completed unless otherwise specified by the
3officer. If the act, omission, or other allegation is also the
4subject of a criminal investigation or criminal proceeding, the
5180-day period for completing the investigation is tolled while
6the criminal investigation or criminal proceeding is pending.
7The bill provides that an officer who is the subject of a
8complaint and the officer’s legal counsel are to be provided
9with a copy of the complaint and a copy of any policy,
10procedure, guideline, or order that the officer is alleged
11to have violated not less than 72 hours in advance of any
12interview. Upon written request, the employing agency is also
13required to provide to the officer or the officer’s legal
14counsel a complete copy of any statements, documents, incident
15reports, video or audio recordings, and photographs from the
16incident. If, however, the complaint alleges domestic abuse,
17sexual abuse, or sexual harassment, an officer, officer’s
18counsel, union, or designated employee representative will not
19receive a copy of the complaint but will receive a written
20summary of the complaint.
21The bill provides that an officer being interviewed can only
22be asked questions which are within the scope of the complaint.
23The officer is to be advised by the interviewer to answer the
24questions and that the answers cannot be used against the
25officer in any subsequent criminal proceeding or investigation.
26An interview of an officer who is the subject of the complaint
27and of any witness is required to be audio recorded. However,
28the officer shall not be video recorded without the officer’s
29written consent. The employing agency must provide the officer
30or the officer’s legal counsel or employee representative a
31complete copy of any audio recording and any transcript made of
32any interview without charge and without undue delay.
33The bill provides that an officer has the right to have
34legal counsel present, at the officer's expense, during
35the interview of the officer, hearings, or during other
-9-1disciplinary proceedings related to the complaint, and the
2officer may request legal counsel at any time before or during
3an interview, hearing, or disciplinary proceeding. When an
4officer makes a request for legal counsel, no questioning,
5interview, or hearing can proceed until a reasonable amount
6of time and opportunity are provided to the officer to obtain
7legal counsel. In addition, the officer has the right, at the
8officer’s expense, to have a union representative, employee
9representative, or designee present during the interview,
10hearings, or other disciplinary proceedings. The union
11representative or employee representative shall not be required
12to disclose, nor be subject to any adverse employment action
13for refusing to disclose, any information received from the
14officer under investigation, and shall not be compelled to
15disclose in any judicial proceeding, nor be subject to any
16investigation or punitive action for refusing to disclose,
17any information received from the officer under investigation
18or from an agent of the officer. Communications between
19the officer, the officer’s legal counsel, and the officer’s
20designated union representative or employee representative are
21not subject to discovery.
22The bill provides that if a formal administrative
23investigation may result in the removal, discharge, suspension,
24or other disciplinary action against an officer, copies of any
25witness statements and the complete investigative agency’s
26report must be provided at no charge, upon request, to the
27officer or the officer’s legal counsel. If an interview,
28hearing, or other disciplinary proceeding involving the officer
29who is the subject of a formal administrative investigation,
30an officer who is a witness in the investigation or other
31proceeding, or an employee representative of the accused
32officer, is conducted while the officer is off duty, or at
33a time which is outside of the officer’s regularly scheduled
34shift, the officer is to be compensated. Volunteer officers
35are to be compensated by the employing agency for actual
-10-1lost time from other work as a result of an interview or any
2proceeding related to an investigation.
3The bill provides that an officer has the right to bring a
4private cause of action and pursue civil remedies against a
5citizen arising from the filing of a false complaint against
6the officer. An officer must bring an expedited action in
7district court to seek equitable relief within 30 days after
8the officer knew or should have known of a violation of Code
9chapter 80F. The district court may grant any equitable
10relief, including a temporary or permanent injunction, or
11an order staying investigatory or disciplinary proceedings.
12Additionally, an officer may seek, within 180 days of a
13final agency decision, judicial review of the final actions
14of the employing agency in accordance with the terms of the
15administrative procedures governing the employing agency. The
16district court may award money damages, including front pay and
17back pay, and equitable relief to an officer upon a showing of
18a violation of the officer’s substantive or procedural rights.
19The bill requires that an officer’s personal information,
20including home address, personal telephone number, personal
21email address, date of birth, social security number, and
22driver’s license number be held confidential and be redacted
23from any record prior to the record’s release to the public by
24the employing agency.
25The bill requires the employing agency to provide an officer
26and the officer’s legal counsel with a formal written statement
27of the administrative charges and specifications of alleged
28fact from the formal administrative investigation and to
29provide an opportunity to be heard before imposing any punitive
30or disciplinary action against the officer. The burden of
31proof to sustain administrative charges and specifications
32against an officer at hearing is by a preponderance of the
33evidence. Admissions, confessions, statements against
34interest, or other evidence obtained during the investigation
35and interview not conducted in accordance with this Code
-11-1section cannot be used or considered in any disciplinary
2proceeding or civil action against the officer, and cannot form
3the basis for adverse employment action against the officer.
4The employing agency must keep an officer’s statement,
5recordings, or transcripts of any interviews or disciplinary
6proceedings, and any complaints made against an officer
7confidential unless otherwise provided.
8The bill requires that a written reprimand be removed from
9an officer’s personnel file within one year from the date of
10the reprimand unless the officer is disciplined during the
11one-year period for substantially similar conduct. Except
12for actions brought pursuant to Code chapter 216 (civil
13rights commission), a written reprimand that has been removed
14from an officer’s personnel file cannot be used to form the
15basis for or to enhance any disciplinary action against the
16officer. An employing agency must provide an officer a written
17copy of any document that recommends removal, discharge,
18suspension, or other disciplinary action be taken against the
19officer, excluding a training report or an evaluation, prior
20to placing it in the officer’s personnel file. An officer has
2130 days from the date that the officer is provided a copy of
22the documents to submit a written response to the officer’s
23employing agency. The written response will be attached to
24and accompany the adverse document. A complaint against
25an officer that is pending, withdrawn, or determined to be
26unfounded or not sustained, records of a formal administrative
27investigation, and a written reprimand removed from an
28officer’s personnel file, are not subject to discovery in any
29civil action against the officer except for actions brought
30pursuant to Code chapter 216. If at least 30 days have passed
31since the final disposition, upon written request by an
32officer, the record of a complaint made against the officer
33will be expunged from any file held by the employing agency if
34the investigation exonerated the officer of allegations in the
35complaint, the investigation determined that the allegations
-12-1were withdrawn, not sustained or unfounded, or if the officer
2is exonerated in any administrative proceeding, appeal, other
3disciplinary proceeding, or judicial review.
4The bill requires that an agency employing full-time or
5part-time officers provide annual training to any officer or
6supervisor who may perform or supervise an investigation under
7this Code section, and maintain documentation of any training
8related to this Code section. An employing agency cannot
9prohibit secondary employment by an officer, but may adopt
10reasonable regulations related to secondary employment. A
11locker, or other space for storage that may be assigned to an
12officer, cannot be searched without the officer being present,
13or without the officer’s consent, unless a valid search warrant
14has been obtained or the officer has been notified in advance
15that a search will be conducted.
16The bill requires that, on request, the employing agency
17must provide to the officer or the officer’s legal counsel
18a copy of the officer’s personnel file and training records
19regardless of whether the officer is subject to a formal
20administrative investigation at the time of the request.
21The bill takes effect upon enactment.
-13-as/lh