HSB 709

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 reserve peace officer knowingly left or voluntarily quit when the officer was notified of a disciplinary investigation or action that would have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for serious misconduct, if the council determines that the officer engaged in serious misconduct. The bill provides that the council may revoke or suspend the certification of a law enforcement officer or reserve peace officer and may publicly or privately reprimand a law enforcement officer, reserve peace officer, or employing agency due to any of the following: a violation of any rules authorized and adopted by the council; when an employing agency recommends to the council that revocation or suspension would be appropriate; or when the attorney general recommends that revocation or suspension would be appropriate. _____ The bill amends current law to provide that notification of the council by an employing agency of any termination of employment of a law enforcement officer or appointment as a reserve peace officer must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct, whether the officer was notified of a disciplinary investigation or action that would have resulted in the officer being discharged or removed for serious misconduct, whether the officer left or voluntarily quit, and whether the action taken by the agency is final.1(13), or contests the officer’s termination, the employing agency shall notify the council in writing within days of the filing of such action by the officer. The bill provides that a decision of the council to revoke the certification of a law enforcement officer or reserve peace officer, to suspend the certification of a law enforcement officer or reserve peace officer, or any other action against an officer or employing agency shall be made by a majority vote of the council. An action for revocation or suspension of the 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 amends the definition of “formal administrative investigation”, in relation to formal administrative investigations of officers, to include an investigative process ordered by a commanding officer of an agency or commander’s designee during which the investigation and questioning of an officer is intended to gather evidence to determine the merit of a complaint filed against the officer. _____ provider, a public safety telecommunicator, a dispatcher, and any other law enforcement officer in training or whose certification is governed by the Iowa law enforcement academy, and employed by a municipality, county, or state agency. The bill provides that upon written request of an officer or an officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel 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 an interview of the officer. The bill provides that the provision of the report and audio and video recordings shall not be construed to constitute a disclosure of public records. The bill provides that a peer support counselor or individual present for individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention, including in giving testimony. The bill takes effect upon enactment.