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, and including effective date and retroactive applicability provisions

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. _____ population size for a police officer on the council to be one officer from a city with a population of 25,000 persons or more and one officer from a city with a population of less than 25,000 persons.11, subsection 1, paragraph “h”, which provides that the director of the academy shall promulgate rules relative to grounds for revocation or suspension of a law enforcement officer’s 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. The bill provides that the council may receive, investigate, and review complaints regarding an employing agency’s training of law enforcement officers, including compliance with minimum training required by law and documentation deficiencies. The council may order corrective action, including providing training or remedial training to an employing agency, to meet minimum training required by statute or regulation. 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 did any of the following: manufactured, sold, or conspired to manufacture or sell a controlled substance other than as part of an authorized act in connection with official duties; pled guilty to or been convicted of a crime of domestic violence or domestic abuse assault; pled guilty to or been convicted of any offense classified as a tier I, tier II, or tier III sex offense; or pled guilty to or been convicted of any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court that is a comparable offense.13A, subsection 3, concerning discretionary revocation or suspension of certification, and replaces the subsection. The bill provides that the council may order remedial training of a law enforcement officer or reserve peace officer or revoke or suspend the certification of a law enforcement officer or reserve peace officer due to any of the following: the officer knowingly testifies falsely regarding a material fact in any court of law or administrative hearing with the intent to deceive; the officer makes a materially false statement in a document prescribed by the academy or in any other document intended to induce the academy or the council to take or withhold action; the officer pleads guilty to or is convicted of a crime involving moral turpitude; the officer is shown to have discriminated against any applicant or employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in violation of Code chapter 216; the officer retaliates against another law enforcement officer, reserve peace officer, employee, or officer because of exercising rights or privileges afforded by law; the officer retaliates against another law enforcement officer, reserve peace officer, employee, or officer for whistleblowing; the officer fails to complete minimum training requirements established by the law enforcement academy; the officer is addicted to alcohol or illegal drugs and has refused to or failed to be rehabilitated; the officer uses objectively unreasonable force in violation of Code chapter 704; the officer refuses or fails to complete the terms of a valid settlement agreement regarding the officer’s certification; upon the recommendation of the attorney general to the council that revocation or suspension would be appropriate; or the officer possessed an illegal drug other than as part of an authorized act in connection with official duties. _____ 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 resigned in lieu of termination, or was discharged or removed, and whether the action taken by the agency is final.1, subsection 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 any notification or other record or information provided by an employing agency or the attorney general shall be confidential except as required by rule or order of the council, an administrative law judge, or a reviewing court. Any notification or other record or information provided by an employing agency or the attorney general pursuant to the bill shall be provided to the law enforcement officer or reserve peace officer by the academy or employing agency at no charge upon written request from the officer or the officer’s legal counsel. The bill provides that if the administrative law judge or council determines that the state has met the burden of proof in a contested case to show the law enforcement officer or reserve peace officer committed a violation under the bill and discretionary revocation or suspension of the officer’s certification is warranted, then the administrative law judge or council shall determine the appropriate sanction. The administrative law judge or council shall dismiss unproven administrative charges against an officer in a contested case with prejudice. _____ reserve peace officer’s certification for longer than one year shall be made by a two-thirds majority vote of the council. A suspension against an officer less than one year or any other action against an officer or employing agency shall be made by a majority vote of the council. The bill provides that an action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer must be commenced within days from the date the law enforcement officer or reserve peace officer has exhausted all actions, appeals, or procedures available to the officer. The bill provides that the rules of evidence apply to a contested case involving the revocation or suspension of a law enforcement officer’s or reserve peace officer’s certification. Under the bill, the attorney general shall have the authority to dismiss a petition in whole or in part against a law enforcement officer or reserve peace officer in a contested case in the interest of justice, and may negotiate and settle a contested case in the interest of justice. The bill adds a new Code section concerning the reinstatement of certification. The bill provides that a law enforcement officer or reserve peace officer whose certification was suspended shall be reinstated upon the officer’s completion of the suspension. If the certification was suspended pursuant to an agreement with the attorney general, administrative law judge, or council, the certification shall be reinstated upon completion of the suspension and any terms of the agreement. The academy cannot adopt rules regarding the reinstatement of certification for a law enforcement officer or reserve peace officer. _____ case. The district court shall award reasonable attorney fees, expert fees, and costs and expenses to the officer who substantially prevailed in the contested case. 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 paramedic, medical provider, dispatcher, and any other law enforcement officer in training or whose certification is governed by the Iowa law enforcement academy, and who is 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 upon written request of the officer or the 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, prior statements, 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. _____ timely provided with the written complaint, copies of any witness statements, and the investigative agency’s complete report. The bill takes effect upon enactment.13C applies retroactively to January 1, 2024, for pending contested cases.13D applies retroactively to January 1, 2023, for pending contested cases.