HSB 190

The investigation is to be completed within 180 days from the date of the complaint, unless the officer signs a written waiver tolling the period of time for a specific period. After initiating a formal administrative investigation of an officer, the investigating agency must promptly serve the officer under investigation with written notice of the complaint, inform the officer of the officer’s right to counsel, and provide the officer with a copy of the peace officer bill of rights. The notice must include the names of all of the complainants, the alleged date of the occurrence giving rise to the complaint, a summary of the allegations against the officer, and the name and rank or title of the investigator in charge of the formal administrative investigation. The investigator must not preside over any hearing or make the decision in any punitive or disciplinary action taken against the officer. _____ in writing of the results of the investigation when the investigation is completed unless otherwise specified by the officer. If the act, omission, or other allegation is also the subject of a criminal investigation or criminal proceeding, the 180-day period for completing the investigation is tolled while the criminal investigation or criminal proceeding is pending. The bill provides that an officer who is the subject of a complaint and the officer’s legal counsel are to be provided with a copy of the complaint and a copy of any policy, procedure, guideline, or order that the officer is alleged to have violated not less than hours in advance of any interview. Upon written request, the employing agency is also required to provide to the officer or the officer’s legal counsel a complete copy of any statements, documents, incident reports, video or audio recordings, and photographs from the incident. If, however, the complaint alleges domestic abuse, sexual abuse, or sexual harassment, an officer, officer’s counsel, union, or designated employee representative will not receive a copy of the complaint but will receive a written summary of the complaint. The bill provides that an officer being interviewed can only be asked questions which are within the scope of the complaint. The officer is to be advised by the interviewer to answer the questions and that the answers cannot be used against the officer in any subsequent criminal proceeding or investigation. An interview of an officer who is the subject of the complaint and of any witness is required to be audio recorded. However, the officer shall not be video recorded without the officer’s written consent. The employing agency must provide the officer or the officer’s legal counsel or employee representative a complete copy of any audio recording and any transcript made of any interview without charge and without undue delay. _____ disciplinary proceedings related to the complaint, and the officer may request legal counsel at any time before or during an interview, hearing, or disciplinary proceeding. When an officer makes a request for legal counsel, no questioning, interview, or hearing can proceed until a reasonable amount of time and opportunity are provided to the officer to obtain legal counsel. In addition, the officer has the right, at the officer’s expense, to have a union representative, employee representative, or designee present during the interview, hearings, or other disciplinary proceedings. The union representative or employee representative shall not be required to disclose, nor be subject to any adverse employment action for refusing to disclose, any information received from the officer under investigation, and shall not be compelled to disclose in any judicial proceeding, nor be subject to any investigation or punitive action for refusing to disclose, any information received from the officer under investigation or from an agent of the officer. Communications between the officer, the officer’s legal counsel, and the officer’s designated union representative or employee representative are not subject to discovery. The bill provides that if a formal administrative investigation may result in the removal, discharge, suspension, or other disciplinary action against an officer, copies of any witness statements and the complete investigative agency’s report must be provided at no charge, upon request, to the officer or the officer’s legal counsel. If an interview, hearing, or other disciplinary proceeding involving the officer who is the subject of a formal administrative investigation, an officer who is a witness in the investigation or other proceeding, or an employee representative of the accused officer, is conducted while the officer is off duty, or at a time which is outside of the officer’s regularly scheduled shift, the officer is to be compensated. _____ lost time from other work as a result of an interview or any proceeding related to an investigation. The bill provides that an officer has the right to bring a private cause of action and pursue civil remedies against a citizen arising from the filing of a false complaint against the officer. An officer must bring an expedited action in district court to seek equitable relief within days after the officer knew or should have known of a violation of Code chapter 80F. The district court may grant any equitable relief, including a temporary or permanent injunction, or an order staying investigatory or disciplinary proceedings. Additionally, an officer may seek, within 180 days of a final agency decision, judicial review of the final actions of the employing agency in accordance with the terms of the administrative procedures governing the employing agency. The district court may award money damages, including front pay and back pay, and equitable relief to an officer upon a showing of a violation of the officer’s substantive or procedural rights. The bill requires that an officer’s personal information, including home address, personal telephone number, personal email address, date of birth, social security number, and driver’s license number be held confidential and be redacted from any record prior to the record’s release to the public by the employing agency. The bill requires the employing agency to provide an officer and the officer’s legal counsel with a formal written statement of the administrative charges and specifications of alleged fact from the formal administrative investigation and to provide an opportunity to be heard before imposing any punitive or disciplinary action against the officer. The burden of proof to sustain administrative charges and specifications against an officer at hearing is by a preponderance of the evidence. _____ section cannot be used or considered in any disciplinary proceeding or civil action against the officer, and cannot form the basis for adverse employment action against the officer. The employing agency must keep an officer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer confidential unless otherwise provided. The bill requires that a written reprimand be removed from an officer’s personnel file within one year from the date of the reprimand unless the officer is disciplined during the one-year period for substantially similar conduct. Except for actions brought pursuant to Code chapter 216 (civil rights commission), a written reprimand that has been removed from an officer’s personnel file cannot be used to form the basis for or to enhance any disciplinary action against the officer. An employing agency must provide an officer a written copy of any document that recommends removal, discharge, suspension, or other disciplinary action be taken against the officer, excluding a training report or an evaluation, prior to placing it in the officer’s personnel file. An officer has days from the date that the officer is provided a copy of the documents to submit a written response to the officer’s employing agency. The written response will be attached to and accompany the adverse document. A complaint against an officer that is pending, withdrawn, or determined to be unfounded or not sustained, records of a formal administrative investigation, and a written reprimand removed from an officer’s personnel file, are not subject to discovery in any civil action against the officer except for actions brought pursuant to Code chapter 216. _____ were withdrawn, not sustained or unfounded, or if the officer is exonerated in any administrative proceeding, appeal, other disciplinary proceeding, or judicial review. The bill requires that an agency employing full-time or part-time officers provide annual training to any officer or supervisor who may perform or supervise an investigation under this Code section, and maintain documentation of any training related to this Code section. An employing agency cannot prohibit secondary employment by an officer, but may adopt reasonable regulations related to secondary employment. A locker, or other space for storage that may be assigned to an officer, cannot be searched without the officer being present, or without the officer’s consent, unless a valid search warrant has been obtained or the officer has been notified in advance that a search will be conducted. The bill requires that, on request, the employing agency must provide to the officer or the officer’s legal counsel a copy of the officer’s personnel file and training records regardless of whether the officer is subject to a formal administrative investigation at the time of the request. The bill takes effect upon enactment.