Bill Text: IA HSB704 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the peace officer and public safety and emergency personnel bill of rights, providing for employee assessments of supervisors of certain state officers, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-21 - Committee report, recommending passage. H.J. 329. [HSB704 Detail]
Download: Iowa-2019-HSB704-Introduced.html
House
Study
Bill
704
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
the
peace
officer
and
public
safety
and
1
emergency
personnel
bill
of
rights,
providing
for
employee
2
assessments
of
supervisors
of
certain
state
officers,
and
3
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5635YC
(2)
88
je/rn
H.F.
_____
DIVISION
I
1
PEACE
OFFICER
AND
PUBLIC
SAFETY
AND
EMERGENCY
PERSONNEL
BILL
OF
2
RIGHTS
3
Section
1.
Section
80F.1,
subsection
1,
paragraph
a,
Code
4
2020,
is
amended
to
read
as
follows:
5
a.
“Complaint”
means
a
formal
written
allegation
signed
6
sworn
by
the
complainant
or
a
written
statement
by
an
officer
7
receiving
an
oral
complaint
supported
by
a
sworn
affidavit
8
stating
the
complainant’s
allegation.
9
Sec.
2.
Section
80F.1,
subsections
3,
5,
6,
7,
8,
9,
11,
13,
10
and
18,
Code
2020,
are
amended
to
read
as
follows:
11
3.
a.
A
formal
administrative
investigation
of
an
officer
12
shall
be
commenced
without
delay
within
one
hundred
eighty
days
13
from
the
date
of
the
incident
giving
rise
to
the
allegation
14
against
the
officer
and
shall
be
completed
without
delay
in
15
a
reasonable
period
of
time
and
an
not
to
exceed
one
hundred
16
eighty
days
from
the
date
of
the
complaint
unless
the
officer
17
signs
a
written
waiver
tolling
the
period
of
time
for
a
18
specific
period.
19
b.
Upon
initiating
a
formal
administrative
investigation
20
of
an
officer,
the
investigating
agency
shall
promptly
serve
21
the
officer
under
investigation
with
written
notice
of
the
22
complaint,
shall
inform
the
officer
of
the
officer’s
right
23
to
counsel,
and
shall
provide
the
officer
with
a
copy
of
the
24
peace
officer
bill
of
rights.
The
notice
shall
include
the
25
names
of
all
of
the
complainants,
the
alleged
date
of
the
26
occurrence
giving
rise
to
the
complaint,
a
summary
of
the
27
allegations
against
the
officer,
and
the
name
and
rank
or
title
28
of
the
investigator
in
charge
of
the
formal
administrative
29
investigation.
The
investigator
shall
not
preside
over
any
30
hearing
or
make
the
decision
in
any
punitive
or
disciplinary
31
action
taken
against
the
officer.
32
c.
The
officer
and
the
officer’s
legal
counsel,
designated
33
union
representative,
and
designated
employee
representative
34
shall
be
immediately
notified
in
writing
of
the
results
of
35
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17
H.F.
_____
the
investigation
when
the
investigation
is
completed
unless
1
otherwise
specified
by
the
officer
.
If
the
act,
omission,
2
or
other
allegation
is
also
the
subject
of
a
criminal
3
investigation
or
criminal
proceeding,
the
time
during
which
4
the
criminal
investigation
or
criminal
proceeding
is
pending
5
shall
toll
the
one-hundred-eighty-day
period
to
complete
the
6
investigation
under
paragraph
“a”
.
7
5.
An
officer
who
is
the
subject
of
a
complaint
and
the
8
officer’s
legal
counsel
,
shall
at
a
minimum,
be
provided
a
9
written
summary
or
copy
of
the
complaint
and
a
copy
of
any
10
policy,
procedure,
guideline,
or
order
that
the
officer
is
11
alleged
to
have
violated
within
a
reasonable
period
of
time
12
prior
to
an
interview
,
but
not
less
than
seventy-two
hours
13
in
advance
of
the
interview
.
Upon
written
request
of
the
14
officer
or
the
officer’s
legal
counsel,
the
employing
agency
15
shall
provide
to
the
officer
or
the
officer’s
legal
counsel
a
16
complete
copy
of
any
statements,
documents,
incident
reports,
17
video
or
audio
recordings,
and
photographs
from
the
incident
18
giving
rise
to
the
complaint
without
unnecessary
delay
prior
to
19
an
interview
of
the
officer
and
allowing
at
least
seventy-two
20
hours
for
review
before
the
interview.
If
a
collective
21
bargaining
agreement
applies,
the
complaint
or
written
summary
,
22
a
copy
of
any
policy,
procedure,
guideline,
or
order
that
23
the
officer
is
alleged
to
have
violated,
any
statements,
24
documents,
incident
reports,
video
or
audio
recordings,
and
25
photographs
from
the
incident
giving
rise
to
the
complaint
26
shall
be
provided
pursuant
to
the
procedures
established
under
27
the
collective
bargaining
agreement.
If
the
complaint
alleges
28
domestic
abuse,
sexual
abuse,
or
sexual
harassment,
an
officer
,
29
the
officer’s
legal
counsel,
designated
union
representative,
30
or
designated
employee
representative
shall
not
receive
more
31
than
a
written
summary
of
the
complaint.
32
6.
An
officer
being
interviewed
shall
only
be
asked
33
questions
which
are
within
the
scope
of
the
complaint
and
shall
34
be
advised
by
the
interviewer
that
the
officer
shall
answer
the
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H.F.
_____
questions
and
be
advised
that
the
answers
shall
not
be
used
1
against
the
officer
in
any
subsequent
criminal
proceeding
or
2
investigation
.
3
7.
An
interview
of
an
officer
who
is
the
subject
of
the
4
complaint
and
of
any
witness
shall,
at
a
minimum,
be
audio
5
recorded
,
but
the
officer
shall
not
be
video
recorded
without
6
the
officer’s
written
consent
.
The
employing
agency
shall
7
provide
the
officer
or
the
officer’s
legal
counsel,
designated
8
union
representative,
or
designated
employee
representative
a
9
complete
copy
of
any
audio
recording
and
any
transcript
made
of
10
any
interview
without
charge
and
without
undue
delay.
11
8.
The
officer
shall
have
the
right
to
have
legal
counsel
12
present,
at
the
officer’s
expense,
during
the
interview
of
13
the
officer
,
during
hearings,
or
during
other
disciplinary
14
proceedings
related
to
the
complaint
.
The
officer
may
request
15
legal
counsel
at
any
time
before
or
during
an
interview,
16
hearing,
or
disciplinary
proceeding.
When
an
officer
makes
17
request
for
legal
counsel,
no
questioning,
interview,
or
18
hearing
shall
proceed
until
a
reasonable
amount
of
time
19
and
opportunity
to
obtain
legal
counsel
are
provided
to
the
20
officer.
In
addition,
the
officer
shall
have
the
right,
at
the
21
officer’s
expense,
to
have
a
designated
union
representative
22
or
designated
employee
representative
present
during
the
23
interview
,
hearings,
or
other
disciplinary
proceedings,
or,
24
if
not
a
member
of
a
union,
the
officer
shall
have
the
right
25
to
have
a
designee
present.
The
union
representative
or
26
employee
representative
shall
not
be
required
to
disclose,
27
nor
be
subject
to
any
adverse
employment
action
for
refusing
28
to
disclose,
any
information
received
from
the
officer
29
under
investigation.
The
officer’s
legal
counsel,
union
30
representative,
or
employee
representative
shall
not
be
31
compelled
to
disclose
in
any
judicial
proceeding,
nor
be
32
subject
to
any
investigation
or
punitive
action
for
refusing
33
to
disclose,
any
information
received
from
the
officer
under
34
investigation
or
from
an
agent
of
the
officer.
The
officer
and
35
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_____
the
officer’s
legal
counsel
may
coordinate
and
communicate
in
1
confidence
with
the
officer’s
designated
union
representative
2
or
designated
employee
representative,
and
the
communications
3
are
not
subject
to
discovery.
4
9.
If
a
formal
administrative
investigation
results
may
5
result
in
the
removal,
discharge,
or
suspension,
or
other
6
disciplinary
action
against
an
officer,
copies
of
any
witness
7
statements
and
the
complete
investigative
agency’s
report
8
shall
be
timely
provided
and
at
no
charge
to
the
officer
or
9
the
officer’s
legal
counsel
upon
the
request
of
the
officer
or
10
legal
counsel
.
11
11.
If
an
interview
,
hearing,
or
other
disciplinary
12
proceeding
involving
the
officer
who
is
the
subject
of
a
formal
13
administrative
investigation,
an
officer
who
is
a
witness
14
in
the
investigation
or
other
proceeding,
or
an
employee
15
representative
of
the
accused
officer,
is
conducted
while
16
an
the
officer
is
off
duty
or
at
a
time
that
is
outside
of
17
the
officer’s
regularly
scheduled
shift
,
the
officer
shall
18
be
compensated
as
provided
by
law,
or
as
provided
in
the
19
applicable
collective
bargaining
agreement.
Volunteer
officers
20
shall
be
compensated
by
the
employing
agency
for
actual
21
lost
time
from
other
work
as
a
result
of
an
interview
or
any
22
proceeding
related
to
an
investigation.
23
13.
a.
An
officer
shall
have
the
right
to
bring
a
private
24
cause
of
action
and
pursue
civil
remedies
under
the
law
25
including
but
not
limited
to
money
damages
against
a
citizen
26
arising
from
the
filing
of
a
false
complaint
against
the
27
officer.
28
b.
An
officer
shall
have
the
right
to
bring
an
expedited
29
action
in
district
court
to
seek
equitable
relief
to
enforce
30
any
provision
of
this
chapter.
An
action
under
this
paragraph
31
shall
be
brought
within
thirty
days
after
the
officer
knew
32
or
should
have
known
of
a
violation
of
this
chapter,
but
the
33
failure
to
bring
an
action
under
this
paragraph
shall
not
bar
34
an
action
under
paragraph
“c”
of
this
subsection.
The
district
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_____
court
may
grant
any
equitable
relief
to
the
officer,
including
1
but
not
limited
to
a
temporary
or
permanent
injunction,
or
an
2
order
staying
investigatory
or
disciplinary
proceedings.
3
c.
In
addition
to
the
right
granted
pursuant
to
paragraph
4
“b”
of
this
subsection,
an
officer
may
seek
judicial
review
5
of
the
final
actions
of
the
employing
agency
in
accordance
6
with
the
procedures
applicable
to
review
of
decisions
by
the
7
employing
agency.
The
officer
shall
bring
a
suit
under
this
8
paragraph
within
one
hundred
eighty
days
after
a
final
agency
9
decision
unless
otherwise
extended
by
the
district
court
upon
10
a
showing
of
good
cause.
The
district
court
may
award
money
11
damages,
including
front
pay
and
back
pay,
and
equitable
relief
12
to
an
officer
upon
a
showing
of
a
violation
of
the
officer’s
13
substantive
or
procedural
rights
under
this
chapter.
14
18.
A
municipality,
county,
or
state
agency
An
employing
15
an
officer
agency
shall
not
publicly
release
the
an
officer’s
16
official
photograph
without
the
written
permission
of
the
17
officer
or
without
a
request
to
release
pursuant
to
chapter
18
22
.
An
officer’s
personal
information,
including
home
address,
19
personal
telephone
number,
personal
email
address,
date
of
20
birth,
social
security
number,
and
driver’s
license
number
21
shall
be
confidential
and
shall
be
redacted
from
any
record
22
prior
to
the
record’s
release
to
the
public
by
the
employing
23
agency.
Nothing
in
this
subsection
prohibits
the
release
of
an
24
officer’s
photograph
or
unredacted
personal
information
to
the
25
officer’s
legal
counsel,
designated
union
representative,
or
26
designated
employee
representative
upon
the
officer’s
request.
27
Sec.
3.
Section
80F.1,
Code
2020,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
18A.
a.
The
employing
agency
shall
30
promptly
provide
an
officer
and
the
officer’s
legal
counsel
31
with
a
formal
written
statement
of
the
administrative
charges
32
and
specifications
of
alleged
fact
resulting
from
the
formal
33
administrative
investigation
and
an
opportunity
to
be
heard
34
prior
to
deciding
upon
or
imposing
any
punitive
or
disciplinary
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action
against
the
officer.
1
b.
At
hearing,
the
burden
of
proof
to
sustain
administrative
2
charges
and
specifications
against
an
officer
shall
be
by
a
3
preponderance
of
the
evidence.
4
c.
Admissions,
confessions,
statements
against
interest,
or
5
other
evidence
obtained
during
the
course
of
the
investigation
6
and
interview
not
conducted
in
accordance
with
this
section
7
shall
not
be
used
or
considered
in
any
disciplinary
proceeding
8
or
civil
action
against
the
officer,
and
shall
not
form
the
9
basis
for
any
adverse
employment
action
against
the
officer.
10
NEW
SUBSECTION
.
18B.
The
employing
agency
shall
keep
11
an
officer’s
statement,
recordings,
or
transcripts
of
any
12
interviews
or
disciplinary
proceedings,
and
any
complaints
made
13
against
an
officer
confidential
unless
otherwise
provided
in
14
this
section.
15
NEW
SUBSECTION
.
18C.
A
written
reprimand
shall
be
16
removed
from
an
officer’s
personnel
file
no
later
than
one
17
year
from
the
date
of
the
reprimand
unless
the
officer
is
18
disciplined
during
the
one-year
period
under
the
same
policy
19
for
substantially
similar
conduct.
A
written
reprimand
that
20
has
been
removed
from
an
officer’s
personnel
file
shall
not
21
be
used
to
form
the
basis
for
or
to
enhance
any
disciplinary
22
action
against
the
officer.
Except
as
otherwise
provided
in
23
subsection
21,
nothing
in
this
section
prohibits
the
employing
24
agency
from
removing
a
written
reprimand
from
an
officer’s
25
personnel
file
before
the
one-year
period
has
expired.
26
NEW
SUBSECTION
.
20.
An
employing
agency
shall
provide
an
27
officer
with
a
written
copy
of
any
document
that
recommends
28
removal,
discharge,
suspension,
or
other
disciplinary
action
29
be
taken
against
the
officer
prior
to
placing
the
document
in
30
the
officer’s
personnel
file.
An
officer
shall
have
thirty
31
days
from
the
date
that
the
officer
is
provided
a
copy
of
32
any
document
that
recommends
removal,
discharge,
suspension,
33
or
other
disciplinary
action
be
taken
against
the
officer
to
34
submit
a
written
response
to
the
officer’s
employing
agency.
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The
written
response
shall
be
attached
to
and
shall
accompany
1
the
adverse
document.
This
subsection
does
not
apply
to
a
2
training
report
or
to
an
evaluation.
3
NEW
SUBSECTION
.
21.
A
complaint
against
an
officer
that
4
is
pending,
withdrawn,
or
determined
to
be
unfounded
or
not
5
sustained,
records
of
a
formal
administrative
investigation,
6
and
a
written
reprimand
that
has
been
removed
from
an
officer’s
7
personnel
file,
shall
not
be
subject
to
discovery
in
any
civil
8
action
against
the
officer
except
for
actions
brought
pursuant
9
to
chapter
216.
10
NEW
SUBSECTION
.
22.
If
at
least
thirty
days
have
passed
11
since
the
final
disposition,
upon
written
request
by
an
12
officer,
the
record
of
a
complaint
made
against
the
officer
13
shall
be
expunged
from
any
file
held
by
the
employing
agency
if
14
the
investigation
exonerated
the
officer
of
allegations
in
the
15
complaint,
the
investigation
determined
that
the
allegations
16
were
withdrawn,
not
sustained
or
unfounded,
or
if
the
officer
17
is
exonerated
in
any
administrative
proceeding,
appeal,
other
18
disciplinary
proceeding,
or
judicial
review.
19
NEW
SUBSECTION
.
23.
An
agency
employing
full-time
or
20
part-time
officers
shall
provide
annual
training
to
any
officer
21
or
supervisor
who
may
perform
or
supervise
an
investigation
22
under
this
section,
and
shall
maintain
documentation
of
any
23
training
related
to
this
section.
24
NEW
SUBSECTION
.
24.
An
employing
agency
shall
not
prohibit
25
secondary
employment
by
an
officer,
but
may
adopt
reasonable
26
regulations
that
relate
to
secondary
employment.
27
NEW
SUBSECTION
.
25.
A
locker,
or
other
space
for
storage
28
that
may
be
assigned
to
an
officer,
shall
not
be
searched
29
without
the
officer
being
present,
or
without
the
officer’s
30
consent,
unless
a
valid
search
warrant
has
been
obtained
or
31
the
officer
has
been
notified
in
advance
that
a
search
will
be
32
conducted.
This
section
shall
apply
only
to
lockers
or
other
33
spaces
for
storage
that
are
owned
or
leased
by
the
officer’s
34
employing
agency.
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NEW
SUBSECTION
.
26.
Upon
request,
the
employing
agency
1
shall
provide
to
the
requesting
officer
or
the
officer’s
legal
2
counsel
a
copy
of
the
officer’s
personnel
file
and
training
3
records
regardless
of
whether
the
officer
is
subject
to
a
4
formal
administrative
investigation
at
the
time
of
the
request.
5
Sec.
4.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
6
deemed
of
immediate
importance,
takes
effect
upon
enactment.
7
DIVISION
II
8
OFFICER
SUPERVISOR
ASSESSMENTS
9
Sec.
5.
NEW
SECTION
.
80H.1
Definitions.
10
As
used
in
this
chapter,
unless
the
context
otherwise
11
requires:
12
1.
“Department”
means
the
department
of
corrections,
the
13
department
of
natural
resources,
or
the
department
of
public
14
safety.
15
2.
“Officer”
means
a
sworn
nonsupervisory
peace
officer,
a
16
nonsupervisory
corrections
officer,
or
security
staff
employed
17
by
a
department.
18
3.
“Supervisor”
does
not
include
an
individual
whose
19
position
is
subject
to
confirmation
by
the
senate
or
a
division
20
head,
a
division
director
in
the
department
of
public
safety,
21
or
the
chief
executive
of
a
facility
operated
by
the
department
22
of
corrections.
23
Sec.
6.
NEW
SECTION
.
80H.2
Supervisor
assessment
boards.
24
1.
Annually
by
January
1,
the
officers
at
each
facility
25
operated
by
the
department
of
corrections
shall,
by
a
majority
26
vote
using
a
secret
ballot,
appoint
a
supervisor
assessment
27
board
of
up
to
five
members
per
facility.
28
2.
Annually
by
January
1,
the
officers
at
each
bureau
of
the
29
department
of
natural
resources
that
employs
officers
shall,
30
by
a
majority
vote
using
a
secret
ballot,
appoint
a
supervisor
31
assessment
board
of
up
to
five
members
per
bureau.
32
3.
Annually
by
January
1,
the
officers
at
each
bureau
33
and
division
of
the
department
of
public
safety
that
employs
34
officers
shall,
by
a
majority
vote
using
a
secret
ballot,
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appoint
a
supervisor
assessment
board
of
up
to
five
members
per
1
bureau
and
division.
2
Sec.
7.
NEW
SECTION
.
80H.3
Supervisor
assessment
procedures
3
——
anonymity.
4
1.
Each
supervisor
assessment
board
shall
establish
uniform
5
assessment
procedures
for
implementing,
completing,
collecting
6
results,
and
preparing
final
reports
of
assessments
conducted
7
in
accordance
with
this
chapter.
Each
assessment
board
shall
8
use
the
same
procedures
for
all
supervisors
that
the
assessment
9
board
assesses
each
calendar
year.
Assessments
shall
use
10
objective
criteria
as
determined
by
a
majority
vote
of
the
11
assessment
board
to
assess
the
ability,
performance,
and
safety
12
record
of
a
supervisor.
At
least
a
portion
of
the
assessment
13
shall
include
numerical
scoring.
Such
scores
shall
be
averaged
14
for
all
assessment
board
members
evaluating
a
supervisor.
15
2.
Assessment
procedures
shall
ensure
anonymity
of
each
16
assessment
board
member
completing
an
assessment.
17
3.
By
a
majority
vote
of
the
members
of
each
board,
the
18
members
of
two
or
more
assessment
boards
within
a
department
19
may
exchange
one
or
more
board
members
for
a
calendar
year
if
20
such
exchange
will,
in
the
judgment
of
the
boards,
improve
the
21
fairness
of
all
boards
involved.
22
Sec.
8.
NEW
SECTION
.
80H.4
Supervisor
assessments
——
final
23
reports.
24
1.
Annually
by
July
1,
an
assessment
board
shall
complete
an
25
assessment
of
each
department
employee
who
is
a
supervisor
of
26
one
or
more
of
the
officers
who
appointed
the
assessment
board.
27
2.
Upon
completion
and
scoring
of
an
assessment
of
a
28
supervisor,
each
assessment
board
shall
prepare
a
report
29
consisting
of
the
complete
results
of
each
assessment
board
30
member’s
assessment
and
a
summary
of
the
results
of
all
of
31
the
assessments.
Each
assessment
board
member
shall
be
given
32
the
opportunity
to
review
the
report.
A
report
shall
not
33
become
final
until
it
is
agreed
to
by
a
majority
vote
of
the
34
assessment
board.
The
final
report
shall
be
provided
to
the
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director
of
the
department.
The
report
shall
be
confidential.
1
3.
An
assessment
board,
by
majority
vote,
may
opt
not
to
2
conduct
any
assessments
in
a
calendar
year.
If
the
assessment
3
board
opts
not
to
conduct
assessments,
the
director
of
the
4
department
shall
designate
one
or
more
employees
to
conduct
an
5
assessment
of
each
supervisor
in
the
calendar
year
as
provided
6
in
this
section.
7
Sec.
9.
NEW
SECTION
.
80H.5
Assessment
results
——
director
8
discussion.
9
If
a
supervisor
is
determined
by
a
majority
of
members
of
10
the
assessment
board
in
a
final
report
to
be
in
serious
need
11
of
improvement
in
any
criterion
used
in
the
report
or
to
have
12
compromised
employee
safety,
the
director
of
the
department
13
shall
discuss
the
matter
with
the
assessment
board
and
attempt
14
to
determine
an
effective
solution
to
improve
the
supervisor’s
15
job
performance
going
forward.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
DIVISION
I
——
PEACE
OFFICER
AND
PUBLIC
SAFETY
AND
EMERGENCY
20
PERSONNEL
BILL
OF
RIGHTS.
This
division
makes
changes
to
Code
21
section
80F.1,
the
peace
officer,
public
safety,
and
emergency
22
personnel
bill
of
rights.
23
The
division
changes
the
definition
of
“complaint”
to
24
require
that
any
formal
written
allegation
must
be
sworn
by
25
the
complainant
or
be
a
written
statement
by
an
officer
who
26
has
received
an
oral
complaint
that
is
supported
by
a
sworn
27
affidavit.
28
The
division
provides
that
a
formal
administrative
29
investigation
of
an
officer
must
be
commenced
within
180
days
30
from
the
date
of
the
incident
giving
rise
to
the
allegation
31
against
the
officer.
The
investigation
is
to
be
completed
32
within
180
days
from
the
date
of
the
complaint,
unless
the
33
officer
signs
a
written
waiver
tolling
the
period
of
time
for
34
a
specific
period.
After
initiating
a
formal
administrative
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investigation
of
an
officer,
the
investigating
agency
must
1
promptly
serve
the
officer
under
investigation
with
written
2
notice
of
the
complaint,
inform
the
officer
of
the
officer’s
3
right
to
counsel,
and
provide
the
officer
with
a
copy
of
the
4
peace
officer
bill
of
rights.
The
notice
must
include
the
5
names
of
all
of
the
complainants,
the
alleged
date
of
the
6
occurrence
giving
rise
to
the
complaint,
a
summary
of
the
7
allegations
against
the
officer,
and
the
name
and
rank
or
title
8
of
the
investigator
in
charge
of
the
formal
administrative
9
investigation.
The
investigator
must
not
preside
over
any
10
hearing
or
make
the
decision
in
any
punitive
or
disciplinary
11
action
taken
against
the
officer.
12
The
division
provides
that
the
officer
and
the
officer’s
13
legal
counsel,
designated
union
representative,
and
designated
14
employee
representative
are
to
be
immediately
notified
15
in
writing
of
the
results
of
the
investigation
when
the
16
investigation
is
completed
unless
otherwise
specified
by
the
17
officer.
If
the
act,
omission,
or
other
allegation
is
also
the
18
subject
of
a
criminal
investigation
or
criminal
proceeding,
the
19
180-day
period
for
completing
the
investigation
is
tolled
while
20
the
criminal
investigation
or
criminal
proceeding
is
pending.
21
The
division
provides
that
an
officer
who
is
the
subject
22
of
a
complaint
and
the
officer’s
legal
counsel
are
to
be
23
provided
with
a
copy
of
the
complaint
and
a
copy
of
any
policy,
24
procedure,
guideline,
or
order
that
the
officer
is
alleged
25
to
have
violated
not
less
than
72
hours
in
advance
of
any
26
interview.
Upon
written
request,
the
employing
agency
is
also
27
required
to
provide
to
the
officer
or
the
officer’s
legal
28
counsel
a
complete
copy
of
any
statements,
documents,
incident
29
reports,
video
or
audio
recordings,
and
photographs
from
the
30
incident.
If,
however,
the
complaint
alleges
domestic
abuse,
31
sexual
abuse,
or
sexual
harassment,
an
officer,
officer’s
32
legal
counsel,
designated
union
representative,
or
designated
33
employee
representative
will
not
receive
a
copy
of
the
34
complaint
but
will
receive
a
written
summary
of
the
complaint.
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The
division
provides
that
an
officer
being
interviewed
1
can
only
be
asked
questions
which
are
within
the
scope
of
the
2
complaint.
The
officer
is
to
be
advised
by
the
interviewer
3
to
answer
the
questions
and
that
the
answers
cannot
be
used
4
against
the
officer
in
any
subsequent
criminal
proceeding
or
5
investigation.
An
interview
of
an
officer
who
is
the
subject
6
of
the
complaint
and
of
any
witness
is
required
to
be
audio
7
recorded.
However,
the
officer
shall
not
be
video
recorded
8
without
the
officer’s
written
consent.
The
employing
agency
9
must
provide
the
officer
or
the
officer’s
legal
counsel
or
10
employee
representative
a
complete
copy
of
any
audio
recording
11
and
any
transcript
made
of
any
interview
without
charge
and
12
without
undue
delay.
13
The
division
provides
that
an
officer
has
the
right
to
14
have
legal
counsel
present,
at
the
officer’s
expense,
during
15
the
interview
of
the
officer,
hearings,
or
during
other
16
disciplinary
proceedings
related
to
the
complaint,
and
the
17
officer
may
request
legal
counsel
at
any
time
before
or
during
18
an
interview,
hearing,
or
disciplinary
proceeding.
When
an
19
officer
makes
a
request
for
legal
counsel,
no
questioning,
20
interview,
or
hearing
can
proceed
until
a
reasonable
amount
21
of
time
and
opportunity
are
provided
to
the
officer
to
obtain
22
legal
counsel.
In
addition,
the
officer
has
the
right,
at
the
23
officer’s
expense,
to
have
a
designated
union
representative,
24
designated
employee
representative,
or
designee
present
during
25
the
interview,
hearings,
or
other
disciplinary
proceedings.
26
The
union
representative
or
employee
representative
shall
27
not
be
required
to
disclose,
nor
be
subject
to
any
adverse
28
employment
action
for
refusing
to
disclose,
any
information
29
received
from
the
officer
under
investigation,
and
shall
not
30
be
compelled
to
disclose
in
any
judicial
proceeding,
nor
be
31
subject
to
any
investigation
or
punitive
action
for
refusing
32
to
disclose,
any
information
received
from
the
officer
under
33
investigation
or
from
an
agent
of
the
officer.
Communications
34
between
the
officer,
the
officer’s
legal
counsel,
and
the
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officer’s
designated
union
representative
or
designated
1
employee
representative
are
not
subject
to
discovery.
2
The
division
provides
that
if
a
formal
administrative
3
investigation
may
result
in
the
removal,
discharge,
suspension,
4
or
other
disciplinary
action
against
an
officer,
copies
of
any
5
witness
statements
and
the
complete
investigative
agency’s
6
report
must
be
provided
at
no
charge,
upon
request,
to
the
7
officer
or
the
officer’s
legal
counsel.
If
an
interview,
8
hearing,
or
other
disciplinary
proceeding
involving
the
officer
9
who
is
the
subject
of
a
formal
administrative
investigation,
10
an
officer
who
is
a
witness
in
the
investigation
or
other
11
proceeding,
or
an
employee
representative
of
the
accused
12
officer,
is
conducted
while
the
officer
is
off
duty,
or
at
13
a
time
which
is
outside
of
the
officer’s
regularly
scheduled
14
shift,
the
officer
is
to
be
compensated.
Volunteer
officers
15
are
to
be
compensated
by
the
employing
agency
for
actual
16
lost
time
from
other
work
as
a
result
of
an
interview
or
any
17
proceeding
related
to
an
investigation.
18
The
division
provides
that
an
officer
has
the
right
to
bring
19
a
private
cause
of
action
and
pursue
civil
remedies
against
a
20
citizen
arising
from
the
filing
of
a
false
complaint
against
21
the
officer.
An
officer
must
bring
an
expedited
action
in
22
district
court
to
seek
equitable
relief
within
30
days
after
23
the
officer
knew
or
should
have
known
of
a
violation
of
Code
24
chapter
80F.
The
district
court
may
grant
any
equitable
25
relief,
including
a
temporary
or
permanent
injunction,
or
26
an
order
staying
investigatory
or
disciplinary
proceedings.
27
Additionally,
an
officer
may
seek,
within
180
days
of
a
28
final
agency
decision,
judicial
review
of
the
final
actions
29
of
the
employing
agency
in
accordance
with
the
terms
of
the
30
administrative
procedures
governing
the
employing
agency.
The
31
district
court
may
award
money
damages,
including
front
pay
and
32
back
pay,
and
equitable
relief
to
an
officer
upon
a
showing
of
33
a
violation
of
the
officer’s
substantive
or
procedural
rights.
34
The
division
requires
that
an
officer’s
personal
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information,
including
home
address,
personal
telephone
1
number,
personal
email
address,
date
of
birth,
social
security
2
number,
and
driver’s
license
number
be
held
confidential
and
be
3
redacted
from
any
record
prior
to
the
record’s
release
to
the
4
public
by
the
employing
agency.
5
The
division
requires
the
employing
agency
to
provide
an
6
officer
and
the
officer’s
legal
counsel
with
a
formal
written
7
statement
of
the
administrative
charges
and
specifications
8
of
alleged
fact
from
the
formal
administrative
investigation
9
and
to
provide
an
opportunity
to
be
heard
before
imposing
10
any
punitive
or
disciplinary
action
against
the
officer.
11
The
burden
of
proof
to
sustain
administrative
charges
12
and
specifications
against
an
officer
at
hearing
is
by
a
13
preponderance
of
the
evidence.
Admissions,
confessions,
14
statements
against
interest,
or
other
evidence
obtained
during
15
the
investigation
and
interview
not
conducted
in
accordance
16
with
Code
section
80F.1
cannot
be
used
or
considered
in
any
17
disciplinary
proceeding
or
civil
action
against
the
officer,
18
and
cannot
form
the
basis
for
adverse
employment
action
against
19
the
officer.
The
employing
agency
must
keep
an
officer’s
20
statement,
recordings,
or
transcripts
of
any
interviews
or
21
disciplinary
proceedings,
and
any
complaints
made
against
an
22
officer
confidential
unless
otherwise
provided.
23
The
division
requires
that
a
written
reprimand
be
removed
24
from
an
officer’s
personnel
file
within
one
year
from
the
date
25
of
the
reprimand
unless
the
officer
is
disciplined
during
the
26
one-year
period
for
substantially
similar
conduct.
Except
27
for
actions
brought
pursuant
to
Code
chapter
216
(Iowa
civil
28
rights
commission),
a
written
reprimand
that
has
been
removed
29
from
an
officer’s
personnel
file
cannot
be
used
to
form
the
30
basis
for
or
to
enhance
any
disciplinary
action
against
the
31
officer.
An
employing
agency
must
provide
an
officer
a
written
32
copy
of
any
document
that
recommends
removal,
discharge,
33
suspension,
or
other
disciplinary
action
be
taken
against
the
34
officer,
excluding
a
training
report
or
an
evaluation,
prior
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to
placing
it
in
the
officer’s
personnel
file.
An
officer
has
1
30
days
from
the
date
that
the
officer
is
provided
a
copy
of
2
the
documents
to
submit
a
written
response
to
the
officer’s
3
employing
agency.
The
written
response
will
be
attached
to
4
and
accompany
the
adverse
document.
A
complaint
against
5
an
officer
that
is
pending,
withdrawn,
or
determined
to
be
6
unfounded
or
not
sustained,
records
of
a
formal
administrative
7
investigation,
and
a
written
reprimand
removed
from
an
8
officer’s
personnel
file,
are
not
subject
to
discovery
in
any
9
civil
action
against
the
officer
except
for
actions
brought
10
pursuant
to
Code
chapter
216.
If
at
least
30
days
have
passed
11
since
the
final
disposition,
upon
written
request
by
an
12
officer,
the
record
of
a
complaint
made
against
the
officer
13
will
be
expunged
from
any
file
held
by
the
employing
agency
if
14
the
investigation
exonerated
the
officer
of
allegations
in
the
15
complaint,
the
investigation
determined
that
the
allegations
16
were
withdrawn,
not
sustained
or
unfounded,
or
if
the
officer
17
is
exonerated
in
any
administrative
proceeding,
appeal,
other
18
disciplinary
proceeding,
or
judicial
review.
19
The
division
requires
that
an
agency
employing
full-time
20
or
part-time
officers
provide
annual
training
to
any
officer
21
or
supervisor
who
may
perform
or
supervise
an
investigation
22
under
Code
section
80F.1,
and
maintain
documentation
of
such
23
training.
An
employing
agency
cannot
prohibit
secondary
24
employment
by
an
officer,
but
may
adopt
reasonable
regulations
25
related
to
secondary
employment.
A
locker,
or
other
space
for
26
storage
that
may
be
assigned
to
an
officer,
cannot
be
searched
27
without
the
officer
being
present,
or
without
the
officer’s
28
consent,
unless
a
valid
search
warrant
has
been
obtained
or
29
the
officer
has
been
notified
in
advance
that
a
search
will
be
30
conducted.
31
The
division
requires
that,
on
request,
the
employing
agency
32
must
provide
to
the
officer
or
the
officer’s
legal
counsel
33
a
copy
of
the
officer’s
personnel
file
and
training
records
34
regardless
of
whether
the
officer
is
subject
to
a
formal
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administrative
investigation
at
the
time
of
the
request.
1
The
division
takes
effect
upon
enactment.
2
DIVISION
II
——
OFFICER
SUPERVISOR
ASSESSMENTS.
This
3
division
provides
for
employee
assessments
of
supervisors
of
4
certain
officers
employed
by
the
department
of
corrections,
the
5
department
of
natural
resources,
or
the
department
of
public
6
safety.
7
The
division
defines
“officer”
as
a
sworn,
nonsupervisory
8
peace
officer,
a
nonsupervisory
corrections
officer,
or
9
security
staff
employed
by
a
department.
“Supervisor”
does
not
10
include
an
individual
whose
position
is
subject
to
confirmation
11
by
the
senate
or
a
division
head,
a
division
director
in
12
the
department
of
public
safety,
or
the
chief
executive
of
a
13
facility
operated
by
the
department
of
corrections.
14
The
division
requires
department
employees
who
are
officers
15
to
appoint
a
supervisor
assessment
board
of
up
to
five
members
16
comprised
of
such
employees
for
each
facility,
bureau,
and
17
division
of
the
departments
by
majority
vote
using
a
secret
18
ballot
annually
by
January
1.
19
The
division
requires
each
supervisor
assessment
board
to
20
establish
uniform
assessment
procedures
for
implementing,
21
completing,
collecting
results,
and
preparing
final
reports
of
22
assessments
conducted
in
accordance
with
the
division.
Each
23
supervisor
assessment
board
shall
use
the
same
procedures
24
for
all
supervisors
that
the
assessment
board
assesses
each
25
calendar
year.
Assessments
shall
use
objective
criteria
as
26
determined
by
a
majority
vote
of
the
supervisor
assessment
27
board
to
assess
the
ability,
performance,
and
safety
record
28
of
a
supervisor.
At
least
a
portion
of
the
assessment
shall
29
include
numerical
scoring,
which
shall
be
averaged
for
all
30
supervisor
assessment
board
members
evaluating
a
supervisor.
31
Assessment
procedures
shall
ensure
anonymity
of
each
supervisor
32
assessment
board
member
completing
an
assessment.
33
The
division
provides
procedures
for
assessment
boards
34
within
a
department
to
exchange
one
or
more
board
members
for
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a
calendar
year
if
such
exchange
will,
in
the
judgment
of
the
1
boards,
improve
the
fairness
of
all
boards
involved.
2
The
division
requires
a
supervisor
assessment
board
to
3
complete
an
assessment
of
each
department
employee
who
is
a
4
supervisor
of
one
or
more
officers
who
appointed
the
assessment
5
board
annually
by
July
1.
Upon
completion
and
scoring
of
6
an
assessment
of
a
supervisor,
the
division
requires
each
7
supervisor
assessment
board
to
prepare
a
report
consisting
8
of
the
complete
results
of
each
supervisor
assessment
board
9
member’s
assessment
and
a
summary
of
the
results
of
all
of
the
10
assessments.
Each
supervisor
assessment
board
member
shall
be
11
given
the
opportunity
to
review
the
report,
which
shall
not
12
become
final
until
it
is
agreed
to
by
a
majority
vote
of
the
13
assessment
board.
The
final
report
shall
be
provided
to
the
14
director
of
the
department.
The
report
shall
be
confidential.
15
The
division
permits
a
supervisor
assessment
board,
by
16
majority
vote,
to
opt
not
to
conduct
any
assessments
in
a
17
calendar
year.
If
the
supervisor
assessment
board
does
so,
18
the
director
of
the
department
shall
designate
one
or
more
19
employees
to
conduct
an
assessment
of
each
supervisor
in
the
20
calendar
year
as
provided
in
the
division.
21
If
a
supervisor
is
determined
by
a
majority
of
members
of
22
the
supervisor
assessment
board
in
a
final
report
to
be
in
23
serious
need
of
improvement
in
any
criterion
used
in
the
report
24
or
to
have
compromised
employee
safety,
the
division
requires
25
the
director
of
the
department
to
discuss
the
matter
with
26
the
supervisor
assessment
board
and
attempt
to
determine
an
27
effective
solution
to
improve
the
supervisor’s
job
performance
28
going
forward.
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