Relating to the Iowa law enforcement academy council including the revocation or suspension of certifications of law enforcement officers and reserve peace officers in this state and certifications of law enforcement officers in other states, and the peace officer, public safety, and emergency personnel bill of rights including formal administrative investigations of officers

The bill amends the current definition of “serious misconduct” to “aggravated misconduct” for purposes of the revocation or suspension of the certification of a law enforcement officer or peace officer by the council. The bill defines aggravated misconduct to mean illegal actions taken by a law enforcement officer or reserve peace officer in connection with the officer’s official duties including but not limited to a conviction for a felony, fabrication of evidence, repeated use of excessive force in violation of clearly established law, acceptance of a bribe, or the commission of fraud. The bill amends the definition of “final” for this same purpose to mean that all appeals through a grievance procedure or other procedure available to the officer or civil service have been exhausted.11F by changing “serious misconduct” to “aggravated misconduct” concerning officers who were previously certified in another state. The bill provides that the council shall revoke the certification of a law enforcement officer or reserve peace officer upon a finding that the law enforcement officer or peace officer has been discharged from employment for aggravated misconduct or because the officer knowingly left or voluntarily quit when the officer was notified of a disciplinary investigation or action which would have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for aggravated misconduct, if the council determines that the officer engaged in aggravated misconduct. The bill provides that the council may revoke or suspend the certification of a law enforcement officer or reserve peace officer, publicly or privately reprimand an officer or employing agency, or order remedial training for an officer or employing agency due to any grounds authorized by administrative rules or the recommendation of an employing agency or the attorney general. The bill provides that a decision of the council to revoke the certification of a law enforcement officer or reserve peace officer shall be made by a unanimous vote of the council. A decision to suspend the certification of a law enforcement officer or reserve peace officer for days or more shall be made by a supermajority vote of the council. An action for revocation or suspension of certification of a law enforcement officer or reserve peace officer shall not be maintained by the council unless the action is commenced within 180 days from the date the council was notified of the grounds for the revocation or suspension. The bill provides that an employing agency shall notify the council within days of any termination of employment of a law enforcement officer or reserve peace officer, and the notification must state whether the law enforcement officer or reserve peace officer was discharged or removed for aggravated misconduct, whether the officer was notified of a disciplinary investigation or action which clearly would have resulted in the officer being discharged or removed for aggravated misconduct and the officer left or voluntarily quit, and whether the action taken by the agency is final. If the law enforcement officer or reserve peace officer exercises any right to hold the employing agency’s decision in abeyance or appeals, grieves, or contests the officer’s termination as provided by law, the employing agency shall notify the council in writing within days of the filing of such action by the officer.1 (peace officer, public safety, and emergency personnel bill of rights). The bill amends the peace officer, public safety, and emergency personnel bill of rights to provide that upon written request by an officer who is the subject of a complaint or the officer’s legal counsel, the employing agency shall provide the officer or the officer’s legal counsel with a complete copy of the officer’s incident report and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay prior to the officer’s interview.