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Senate
File
362
-
Introduced
SENATE
FILE
362
BY
WEBSTER
A
BILL
FOR
An
Act
relating
to
administrative
investigations
under
the
1
peace
officer,
public
safety,
and
emergency
personnel
bill
2
of
rights,
civil
service
disciplinary
hearings
and
appeals,
3
and
communications
in
professional
confidence,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
80F.1,
subsection
1,
paragraphs
c,
e,
and
1
f,
Code
2025,
are
amended
to
read
as
follows:
2
c.
“Formal
administrative
investigation”
means
an
3
investigative
process
ordered
by
a
commanding
officer
of
an
4
agency
or
commander’s
designee
during
which
the
questioning
5
of
an
officer
is
intended
to
gather
evidence
to
determine
to
6
investigate
the
merit
of
a
complaint
,
including
by
questioning
7
the
complainant
or
witnesses,
or
conducting
an
interview
of
the
8
officer
subject
to
the
complaint,
and
identifying
and
gathering
9
evidence
narrowly
tailored
to
the
complaint,
which
may
be
the
10
basis
for
seeking
administrative
charges
and
the
removal,
11
discharge,
or
suspension,
or
other
disciplinary
action
against
12
the
officer.
13
e.
“Interview”
means
the
questioning
of
an
officer
14
who
is
the
subject
of
a
complaint
pursuant
to
the
formal
15
administrative
investigation
procedures
of
the
investigating
16
agency,
if
such
a
complaint
may
be
the
basis
for
seeking
17
removal,
discharge,
or
suspension,
or
other
disciplinary
action
18
against
the
officer.
“Interview”
does
not
include
questioning
19
as
part
of
any
informal
inquiry
or
questioning
related
to
minor
20
infractions
of
agency
rules
which
that
will
not
result
in
21
removal,
discharge,
suspension,
or
other
disciplinary
action
22
against
the
officer.
An
interview
conducted
under
this
section
23
shall
not
be
construed
to
be
a
hearing.
24
f.
“Officer”
means
a
certified
law
enforcement
officer,
25
fire
fighter,
fire
marshal,
emergency
medical
technician,
26
paramedic,
medical
provider,
corrections
officer,
detention
27
officer,
jailer,
probation
or
parole
officer,
public
safety
28
telecommunicator,
dispatcher,
or
any
other
fire
fighter
or
law
29
enforcement
officer
certified
or
who
is
in
training
to
become
30
certified
or
whose
certification
is
governed
by
the
Iowa
law
31
enforcement
academy
or
state
fire
marshal,
and
employed
by
a
32
municipality,
county,
or
state
agency.
33
Sec.
2.
Section
80F.1,
subsections
9
and
10,
Code
2025,
are
34
amended
to
read
as
follows:
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9.
If
a
formal
administrative
investigation
results
in
1
the
removal,
discharge,
or
suspension,
or
other
disciplinary
2
action
against
an
officer,
copies
of
any
witness
statements
3
and
the
complete
investigative
agency’s
report
shall
be
timely
4
provided
to
the
officer
upon
the
request
of
the
officer
or
5
the
officer’s
legal
counsel
upon
request
at
the
completion
6
of
the
investigation
Upon
written
request,
an
officer
or
the
7
officer’s
legal
counsel
shall
be
timely
provided
with
the
8
written
complaint,
copies
of
any
witness
statements,
and
the
9
investigative
agency’s
complete
investigative
report
.
For
10
the
purposes
of
this
subsection,
the
investigative
agency’s
11
complete
administrative
investigation
report
shall
be
provided
12
to
the
officer
and
the
officer’s
legal
counsel
at
the
end
of
13
the
investigation
at
no
charge.
14
10.
An
interview
shall
be
conducted
at
any
facility
of
the
15
investigating
agency
at
a
reasonable
time
.
16
Sec.
3.
Section
80F.1,
subsection
24,
paragraph
i,
Code
17
2025,
is
amended
by
striking
the
paragraph.
18
Sec.
4.
Section
80F.1,
subsection
25,
Code
2025,
is
amended
19
to
read
as
follows:
20
25.
An
officer
shall
have
the
right
to
petition
the
21
district
court,
appeal,
or
intervene
in
an
action
regarding
22
a
prosecuting
agency’s
decision
to
place
an
officer
on
a
23
Brady-Giglio
list.
An
officer
placed
on
a
Brady-Giglio
list
24
by
a
prosecuting
agency,
regardless
of
when
such
placement
25
occurred,
shall
have
the
rights
afforded
under
this
subsection.
26
The
district
court
shall
have
jurisdiction
over
the
review
of
27
the
prosecuting
agency’s
decision.
The
district
court
shall
28
perform
an
in
camera
review
of
the
evidence
and
may
hold
a
29
closed
hearing
upon
the
request
of
the
officer
or
prosecuting
30
agency,
or
upon
the
court’s
own
motion.
The
district
court
may
31
affirm,
modify,
or
reverse
a
prosecuting
agency’s
decision,
32
and
issue
orders
or
provide
relief,
including
removal
of
the
33
officer
from
a
Brady-Giglio
list,
as
justice
may
require.
34
Evidence
presented
to
the
district
court
shall
be
provided
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under
seal
and
kept
confidential
unless
otherwise
provided
by
1
law
and
ordered
by
the
district
court.
2
Sec.
5.
Section
80F.1,
Code
2025,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
26.
a.
A
prosecuting
agency
shall
fairly
5
and
impartially
make
decisions
in
good
faith
regarding
placing
6
an
officer
on
a
Brady-Giglio
list
or
making
a
Brady-Giglio
7
disclosure.
8
b.
A
county
attorney
or
assistant
county
attorney
shall
not
9
represent
or
advise
the
county,
civil
service
commission,
or
a
10
sheriff
or
deputy
sheriff
in
any
administrative
or
civil
matter
11
or
case
involving
the
same
facts
or
circumstances
from
which
12
the
law
enforcement
officer
was
placed
on
a
Brady-Giglio
list
13
or
a
Brady-Giglio
disclosure
was
made
or
is
pending
unless
the
14
sheriff
or
deputy
sheriff
provides
informed
consent
in
writing.
15
c.
The
sheriff
shall
have
the
authority
to
select
and
16
retain
outside
legal
counsel
to
represent
or
advise
the
sheriff
17
regarding
third-party
public
records
requests
for
information
18
or
records
relating
to
the
sheriff’s
or
deputy
sheriff’s
19
placement
on
a
Brady-Giglio
list
or
a
Brady-Giglio
disclosure
20
at
the
expense
of
the
county.
21
NEW
SUBSECTION
.
27.
The
district
court
shall
have
22
jurisdiction
over
actions
brought
under
this
chapter.
A
23
decision
of
the
district
court
may
be
appealed
to
the
supreme
24
court.
25
Sec.
6.
Section
341A.12,
subsection
2,
Code
2025,
is
amended
26
to
read
as
follows:
27
2.
The
county
or
the
accused
may
appeal
from
the
28
commission’s
finding
and
decision
to
the
district
court
of
the
29
county
where
the
accused
resides.
Such
appeal
shall
be
taken
30
by
serving
upon
the
commission
within
thirty
days
after
the
31
entry
of
its
finding
and
decision
,
a
written
notice
of
appeal
,
32
stating
the
grounds
thereof
,
and
demanding
that
a
certified
33
transcript
of
the
record
and
of
all
papers
on
file
in
the
34
office
of
the
commission
affecting
or
relating
to
its
finding
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and
decision
,
be
filed
by
the
commission
with
the
court.
The
1
commission
shall,
within
ten
days
after
the
filing
of
the
2
notice
make,
certify,
and
file
such
transcript
with
the
court.
3
The
court
shall
proceed
to
hear
and
determine
the
appeal
in
4
a
summary
manner
de
novo
.
Such
hearing
shall
be
confined
5
to
the
determination
of
whether
the
finding
and
decision
of
6
the
commission
to
affirm,
modify,
or
revoke
the
order
of
the
7
sheriff
was
made
in
good
faith
and
for
cause,
and
no
appeal
8
shall
be
taken
except
upon
such
grounds.
The
decision
of
the
9
district
court
may
be
appealed
to
the
supreme
court.
10
Sec.
7.
Section
341A.12,
Code
2025,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
3.
The
disciplinary
appeal
provisions
of
13
this
section
shall
apply
to
a
part-time
deputy
sheriff.
14
Sec.
8.
Section
622.10,
subsection
9,
paragraph
a,
Code
15
2025,
is
amended
to
read
as
follows:
16
a.
A
peer
support
group
counselor
or
individual
present
17
for
a
individual
or
group
crisis
intervention
who
obtains
18
information
from
an
officer
or
a
civilian
employee
of
a
law
19
enforcement
agency
,
emergency
management
agency,
emergency
20
medical
services
agency,
or
fire
department
by
reason
of
the
21
counselor’s
capacity
as
a
peer
support
group
counselor
or
22
an
individual’s
presence
for
a
individual
or
group
crisis
23
intervention
shall
not
be
allowed
,
in
giving
testimony,
to
24
disclose
any
confidential
communication
properly
entrusted
25
to
the
counselor
or
individual
present
for
a
group
crisis
26
intervention
by
the
officer
or
civilian
employee
while
27
receiving
counseling
or
group
crisis
intervention
including
in
28
giving
testimony
.
29
Sec.
9.
Section
622.10,
subsection
9,
paragraph
c,
30
subparagraphs
(1)
and
(2),
Code
2025,
are
amended
to
read
as
31
follows:
32
(1)
“Officer”
means
a
certified
law
enforcement
officer,
33
fire
fighter,
emergency
medical
technician
or
medical
provider
,
34
paramedic,
corrections
officer,
detention
officer,
jailer,
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probation
or
parole
officer,
public
safety
telecommunicator,
1
dispatcher,
emergency
management
coordinator
under
chapter
29C
,
2
or
any
other
law
enforcement
officer
certified
by
the
Iowa
law
3
enforcement
academy
and
employed
by
a
city,
county,
or
state
4
agency.
5
(2)
“Peer
support
group
counselor”
means
a
law
enforcement
6
officer,
fire
fighter,
civilian
employee
of
a
law
enforcement
7
agency
or
fire
department,
or
a
nonemployee
counselor
who
8
has
been
designated
as
a
peer
support
group
counselor
by
a
9
sheriff,
police
chief,
fire
chief,
or
department
head
of
a
10
law
enforcement
agency,
fire
department,
or
emergency
medical
11
services
agency
and
who
has
received
training
to
provide
12
emotional
and
moral
support
and
counseling
to
an
officer
or
13
group
who
needs
those
services
as
a
result
of
an
incident
in
14
which
the
officer
or
group
was
involved
while
acting
in
the
15
officer’s
or
group’s
official
capacity.
16
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
17
immediate
importance,
takes
effect
upon
enactment.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
administrative
investigations
under
the
22
peace
officer,
public
safety,
and
emergency
personnel
bill
of
23
rights,
civil
service
disciplinary
hearings
and
appeals,
and
24
communications
in
professional
confidence.
25
The
bill
provides
that
upon
written
request,
an
officer
or
26
the
officer’s
legal
counsel
will
be
provided
with
the
written
27
complaint,
copies
of
any
witness
statements,
and
the
agency’s
28
complete
investigative
report
in
a
timely
manner.
The
complete
29
administrative
investigation
report
must
be
provided
to
the
30
officer
and
the
officer’s
legal
counsel
at
the
end
of
the
31
investigation
at
no
charge.
An
interview
of
the
officer
shall
32
be
conducted
at
any
facility
of
the
investigating
agency
at
a
33
reasonable
time.
34
The
bill
removes
Code
section
80F.1,
subsection
24,
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paragraph
“i”,
which
provides
that
the
subsection
does
not
1
create
a
private
cause
of
action
against
a
prosecuting
agency
2
or
an
employee
of
a
prosecuting
agency.
3
The
bill
provides
that
an
officer
placed
on
a
Brady-Giglio
4
list
by
a
prosecuting
agency,
regardless
of
when
such
placement
5
occurred,
has
the
rights
afforded
under
the
bill.
6
The
bill
requires
a
prosecuting
agency
to
fairly
and
7
impartially
make
decisions
in
good
faith
regarding
placing
8
an
officer
on
a
Brady-Giglio
list
or
making
a
Brady-Giglio
9
disclosure.
A
county
attorney
or
assistant
county
attorney
may
10
not
represent
or
advise
the
county,
civil
service
commission,
11
or
a
sheriff
or
deputy
sheriff
in
any
administrative
or
civil
12
matter
or
case
involving
the
same
facts
or
circumstances
from
13
which
the
law
enforcement
officer
was
placed
on
a
Brady-Giglio
14
list
or
a
Brady-Giglio
disclosure
was
made
or
is
pending
unless
15
the
sheriff
or
deputy
sheriff
provides
informed
consent
in
16
writing.
The
sheriff
shall
have
the
authority
to
select
and
17
retain
outside
legal
counsel
regarding
third-party
public
18
records
requests
for
information
or
records
relating
to
the
19
sheriff’s
or
deputy
sheriff’s
placement
on
a
Brady-Giglio
list
20
or
a
Brady-Giglio
disclosure
at
the
expense
of
the
county.
21
The
bill
provides
that
the
district
court
has
jurisdiction
22
over
actions
brought
under
Code
chapter
80F.
A
decision
of
the
23
district
court
may
be
appealed
to
the
Iowa
supreme
court.
24
The
bill
provides
that
the
disciplinary
appeal
provisions
25
concerning
classified
civil
service
for
deputy
county
sheriffs
26
apply
to
part-time
deputy
sheriffs.
27
The
bill
provides
that
a
peer
support
counselor
or
28
individual
present
for
individual
or
group
crisis
intervention
29
who
obtains
information
from
an
officer
or
a
civilian
employee
30
of
a
law
enforcement
agency,
emergency
management
agency,
31
emergency
medical
services
agency,
or
fire
department
shall
not
32
be
allowed
to
disclose
any
confidential
communication
entrusted
33
to
the
counselor
or
individual
present
including
in
giving
34
testimony.
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The
bill
takes
effect
upon
enactment.
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