Relating to administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, civil service disciplinary hearings and appeals, and communications in professional confidence, and including effective date provisions

This bill relates to administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, civil service disciplinary hearings and appeals, and communications in professional confidence. The bill provides that upon written request, an officer or the officer’s legal counsel will be provided with the written complaint, copies of any witness statements, and the agency’s complete investigative report in a timely manner. The complete administrative investigation report must be provided to the officer and the officer’s legal counsel at the end of the investigation at no charge. An interview of the officer shall be conducted at any facility of the investigating agency at a reasonable time.1, subsection 24, paragraph “i”, which provides that the subsection does not create a private cause of action against a prosecuting agency or an employee of a prosecuting agency. The bill provides that an officer placed on a Brady-Giglio list by a prosecuting agency, regardless of when such placement occurred, has the rights afforded under the bill. The bill requires a prosecuting agency to fairly and impartially make decisions in good faith regarding placing an officer on a Brady-Giglio list or making a Brady-Giglio disclosure. A county attorney or assistant county attorney may not represent or advise the county, civil service commission, or a sheriff or deputy sheriff in any administrative or civil matter or case involving the same facts or circumstances from which the law enforcement officer was placed on a Brady-Giglio list or a Brady-Giglio disclosure was made or is pending unless the sheriff or deputy sheriff provides informed consent in writing. The sheriff shall have the authority to select and retain outside legal counsel regarding third-party public records requests for information or records relating to the sheriff’s or deputy sheriff’s placement on a Brady-Giglio list or a Brady-Giglio disclosure at the expense of the county. The bill provides that the district court has jurisdiction over actions brought under Code chapter 80F. A decision of the district court may be appealed to the Iowa supreme court. The bill provides that the disciplinary appeal provisions concerning classified civil service for deputy county sheriffs apply to part-time deputy sheriffs. 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 shall not be allowed to disclose any confidential communication entrusted to the counselor or individual present including in giving testimony. The bill takes effect upon enactment.