SSB 1178

This bill relates to qualified immunity of law enforcement officers, the peace officer, public safety, and emergency personnel bill of rights, and protected information of law enforcement officers and state or federal judicial officers and prosecutors. The bill is organized into divisions. DIVISION I —— QUALIFIED IMMUNITY. Under the bill, the general assembly finds that qualified immunity is intended for all law enforcement officers except for law enforcement officers who are incompetent or knowingly violate the law and that as the United States supreme court has observed, qualified immunity balances the need to hold law enforcement officers accountable when law enforcement officers exercise their power irresponsibly and the need to shield law enforcement officers from harassment, distraction, and liability when law enforcement officers perform their duties reasonably. _____ federal, state, tribal, or local official who is authorized by law to engage in or supervise the prevention, detection, investigation, or incarceration of any person for any violation of law, and has statutory powers of arrest, apprehension, detention, or incarceration. “Law enforcement officers” include but are not limited to peace officers, employees of the department of public safety, employees of the department of corrections, and employees of a judicial district’s department of correctional services. The bill defines “action for damages” to mean any case brought in a court organized under the laws of this state in which the plaintiff seeks any amount of monetary compensation, including but not limited to claims alleging constitutional or statutory violations. The bill defines “constitution” to mean the Constitution of the United States or the Constitution of the State of Iowa. The bill defines “other law” to mean any statutory or common law, whether federal or state. The bill provides liability protection for a law enforcement officer subject to any action for damages in the law enforcement officer’s individual capacity. A law enforcement officer cannot be held liable if the law enforcement officer establishes that the right, privilege, or immunity secured by the constitution or any other law was not clearly established at the time of the alleged deprivation by the law enforcement officer, or at that time, the state of the law was not sufficiently clear that every reasonable law enforcement officer would have understood the conduct alleged constituted a violation of the constitution or any other law, or that a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the constitution or any other law. _____ not be liable if the law enforcement officer is found not liable under the provisions of the bill and the law enforcement officer was acting within the scope of employment with the agency or political subdivision. The bill provides that the applicability of the new Code chapter supersedes any other provision of Iowa law that provides less protection to law enforcement officers. DIVISION II —— PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS.1 (peace officer, public safety, and emergency personnel bill of rights) to mean a formal written allegation signed by the complainant or a signed written statement by an officer receiving an oral complaint stating the complainant’s allegation. The bill provides that an officer shall be immediately notified in writing of any preliminary results from a formal administrative investigation and any recommendations for the disposition of the complaint and discipline. Upon initiation of the formal administrative investigation, an officer shall be promptly served with written notice of the complaint, be informed of the officer’s right to counsel, and be provided with a copy of the peace officer bill of rights. The written notice shall include: names of all the complainants, alleged date of the occurrence, summary of the factual allegations, and the name and rank or title of the investigator in charge of the formal administrative investigation. The bill provides that the officer shall have a right to legal counsel at the expense of the officer during the interview, hearings, or other disciplinary or administrative proceedings related to the complaint. The officer’s legal counsel, union representative, or employee representative shall not be compelled to disclose during any judicial proceeding any information received from the officer under investigation or from an agent of the officer. _____ subject to any investigation or punitive action for refusing to disclose any information. The bill provides that the officer and officer’s legal counsel may coordinate and communicate in confidence with the officer’s designated union representative or employee representative and those communications shall not be subject to discovery. The bill provides that if a formal administrative investigation may result in removal, discharge, suspension, or other disciplinary action against the officer, the complete investigative reports shall be timely provided to the officer or officer’s legal counsel upon request at the completion of the formal administrative investigation. The bill provides that an officer’s personal information shall be redacted from any record prior to the record’s release to the public. An officer’s photograph or unredacted personal information may be released to the officer’s legal counsel, union representative, or designated employee representative upon the officer’s request. The bill provides that an officer may bring a private cause of action, including but not limited to an action for money damages, against a private citizen for filing a false complaint against the officer. The bill provides that an officer’s personal information, including certain personal information specified in the bill, shall be confidential and shall be redacted from any record prior to the record’s release to the public by an employing agency. The bill provides that the following information shall also be kept confidential: an officer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer. The bill provides that an agency shall provide annual training to any person who may perform or supervise an investigation under the bill. _____ an officer subject to a complaint. The bill provides that upon request, the employing agency shall provide to a requesting 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. DIVISION III —— PROTECTED INFORMATION. The bill provides that upon request by a law enforcement officer, state or federal judicial officer or prosecutor, the recorder or the recorder’s staff shall redact the requester’s name contained in electronic documents displayed for public access, unless the person is holding or seeking public office. A fee shall not be charged to redact the requester’s name. The bill provides that a peer support group counselor or individual present for a group crisis intervention who obtains information from a law enforcement officer, fire fighter, or civilian employee of a law enforcement agency or fire department shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual by the law enforcement officer, fire fighter, or civilian employee while receiving counseling. However, the law enforcement officer, fire fighter, or civilian employee may consent to the disclosure. Under current law, this evidentiary rule applies to communications between peer support group counselors and law enforcement officers or fire fighters.