Relating to the peace officer, public safety, and emergency personnel bill of rights

This bill relates to the peace officer, public safety, and emergency personnel bill of rights. The bill amends the definition of “formal administrative investigation” to mean an investigative process, based upon a complaint, ordered by a commanding officer of an agency or commander’s designee that, if sustained, could result in the reassignment, suspension, demotion, removal, or discharge of the officer who is the subject of the complaint. Reassignment does not include transfers or reassignments based upon the needs of the department, normal rotations, or other reasons not related to a filed complaint. “Formal administrative investigation” does not include actions against the officer based solely upon the officer’s probationary status without a complaint. The definition of “informal inquiry” is amended to mean a preliminary review of a complaint by a commanding officer of an agency or the commander’s designee to determine the seriousness of an alleged complaint. If, through the preliminary review, the seriousness of the allegations made in the complaint are such that they could result in the reassignment, suspension, demotion, removal, or discharge of the officer who is the subject of the complaint, the investigation shall transition to a formal administrative investigation. The bill provides that an officer who is the subject of a formal administrative investigation must, at a minimum, be provided with a written summary of the complaint that includes the nature of the complaint and, if known, the date and location of the alleged misconduct prior to an interview. The employing agency or investigating agency must provide to the officer who is the subject of a complaint or the officer’s legal counsel a complete copy of the officer’s incident report, the officer’s prior statements, documents created by the officer who is the subject of the complaint that are directly related to the complaint, and the officer’s video or audio recordings from the incident giving rise to the complaint, without unnecessary delay and at no charge, prior to an interview of the officer or any Brady-Giglio proceeding. Nothing in this provision of the bill shall be construed to constitute a disclosure of public records. An officer being interviewed must receive reasonable notice of the interview. An interview or hearing of an officer shall be audio recorded, and any interview or hearing shall be limited to those questions directly related to the officer’s employment. Witness interviews should be audio recorded. An officer’s statement obtained in violation of the bill may not be used against the officer for disciplinary action. The bill provides that upon written request, an officer who is the subject of the formal administrative investigation or the officer’s legal counsel shall be timely provided with the written complaint, copies of any witness statements, and the investigative agency’s complete investigative report at the end of the investigation or before the prediscipline hearing or any Brady-Giglio hearing or proceeding at no charge. The bill provides that evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court. A final decision of the district court may be appealed to the supreme court within 30 days. A prosecuting agency or employee of a prosecuting agency shall be immune from money damages for an action under the bill. If the district court finds in favor of the officer, upon application, the district court shall award the officer equitable relief, reasonable attorney fees, expenses, and court costs. This provision of the bill applies retroactively to July 1, 2021. The bill provides that any officer may consent to the release of any and all records held by the agency related to the officer’s employment and the agency shall provide such records. The bill requires a prosecuting agency to fairly and impartially make good faith decisions regarding the placement of any officer on a Brady-Giglio list or making any Brady-Giglio disclosure. The bill provides the district court shall have jurisdiction over actions brought under the bill. The burden of proof to sustain an allegation or administrative charge resulting in the placement of an officer’s name on a Brady-Giglio list shall be by clear and convincing evidence. A final decision of the district court may be appealed to the supreme court within 30 days. The bill requires a complaint against an officer to be made within a reasonable period of time from the date when the complainant knew or should have known of the officer’s act or omission. An employing agency, investigating agency, or prosecuting agency shall not require an officer to produce or disclose the officer’s personal records, including financial or electronic device records, except pursuant to a valid search warrant or subpoena. An officer shall not be compelled or coerced to make any statement or answer any questions regarding privileged information. An employing agency, investigating agency, or prosecuting agency shall not withhold exculpatory evidence from an officer who is the subject of a formal administrative investigation. The bill provides that the burden of proof to sustain an allegation, complaint, or administrative charge of untruthfulness, dishonesty, or other grounds for action or placement on a Brady-Giglio list shall be by clear and convincing evidence.