HSB 738

_____ DIVISION I —— ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS (CODE CHAPTER 27B). The bill defines “regents institution” for purposes of the bill as the state university of Iowa, Iowa state university of science and technology, or the university of northern Iowa, and includes an appointed official, officer, or employee of a division, department, or other body that is part of a regents institution, including but not limited to the department of public safety, human resources, or general counsel. The bill amends current law relating to restrictions on the enforcement of state, local, and municipal laws by a local entity or law enforcement department to include a regents institution. The bill provides that a regents institution shall not adopt or enforce a policy or take any other action under which the regents institution prohibits or discourages the enforcement of state, local, or municipal laws. The bill amends current law to provide that any person may file a complaint with the attorney general alleging that a regents institution has violated the provisions of Code chapter 27B relating to the enforcement of state, local, or municipal laws. The attorney general shall review the complaint and any evidence in support of the allegation. The bill provides that a local entity or regents institution for which the attorney general has received a complaint shall comply with any reasonable document requests. The attorney general will maintain the confidentiality of a local entity’s or regents institution’s records produced in response to a document request. A complaint shall not be valid unless the attorney general determines that a violation by a local entity or regents institution was intentional or in reckless disregard for public safety. Current law provides that if the attorney general determines that a complaint against a local entity is valid, written notification shall be provided to the local entity. _____ the following: copies of all of the local entity’s written policies relating to the complaint, a description of all actions the local entity has taken or will take to correct any violations, and any evidence that would refute the allegations made in the complaint. The attorney general shall file a civil action in district court to enjoin any ongoing violation of Code chapter 27B by a local entity. No earlier than days after a final judicial determination that a local entity has intentionally prohibited or discouraged the enforcement of state, local, or municipal laws, the local entity may petition the district court to seek a declaratory judgment that the local entity is in compliance with Code chapter 27B. A local entity will be denied state funds for the state fiscal year in which a judicial determination in a civil action is made. The bill makes all of these provisions applicable to regents institutions. The bill provides that the district court shall have jurisdiction in all actions brought under Code chapter 27B, and the attorney general has the burden of proof by a preponderance of the evidence to prove violations of the Code chapter. The bill provides that a local entity or regents institution shall not blacklist or retaliate against an employee or official who makes a good-faith complaint or who gives a statement or testimony in proceedings related to the complaint or action. A local entity or regents institution that retaliates against an employee who makes a good-faith complaint is liable to an aggrieved employee for affirmative relief including reinstatement, civil damages, and any other equitable relief the court deems appropriate, including attorney fees and costs. DIVISION II —— PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS AT REGENTS INSTITUTIONS. _____ or take adverse employment action against the peace officer due to temporary or permanent restrictions that limit or prohibit the peace officer from working special events, overtime, or a specific shift provided the peace officer is able to work any regular shift with or without reasonable accommodations. DIVISION III —— IOWA LAW ENFORCEMENT ACADEMY —— REVOCATION OR SUSPENSION OF CERTIFICATION. The bill provides that a “final” decision for purposes of the revocation or suspension of the certification of a law enforcement officer or peace officer by the council means that all appeals through a grievance procedure, civil service action, or other action or procedure available to the officer have been exhausted, and “serious misconduct” includes the repeated use of excessive force in violation of law. 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. _____ 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. DIVISION IV —— PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS. 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. _____ 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 an “interview” shall not be considered a hearing. The bill provides that upon written request of an officer or an officer’s legal counsel, the employing agency shall provide, without charging a fee, 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 the clerk of the district court shall charge a $150 filing fee for a cause of action arising from the filing of a false complaint against an officer. DIVISION V —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE. 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.