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

This bill relates to the Iowa law enforcement academy council (council) including the revocation or suspension of certifications of law enforcement officers and reserve peace officers, and administrative investigations under the peace officer, public safety, and emergency personnel bill of rights. IOWA LAW ENFORCEMENT ACADEMY —— COUNCIL. Current law provides that the council consists of voting members appointed by the governor, subject to confirmation by the senate, which includes residents of the state. The bill provides that the council shall include one resident of the state, and adds one member of the Iowa fraternal order of police and one peace officer employed by a regents institution to the membership of the council. 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 clearly established 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 which 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 which 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. The bill provides that if a law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, or appeals, grieves, 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. PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS (CODE CHAPTER 80F). The bill amends the definition of “formal administrative investigation” relating 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, which may be the basis for administrative charges seeking the removal, discharge, or suspension, or other disciplinary action against the officer. The bill amends the definition of “officer” to include a medical provider 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.