80F.1 - PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS.
80F.1 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY
PERSONNEL BILL OF RIGHTS.
1. As used in this section, unless the context otherwise
requires:
a. "Complaint" means a formal written allegation signed by
the complainant or a written statement by an officer receiving an
oral complaint stating the complainant's allegation.
b. "Formal administrative investigation" means an
investigative process ordered by a commanding officer of an agency or
commander's designee during which the questioning of an officer is
intended to gather evidence to determine the merit of a complaint
which may be the basis for seeking removal, discharge, or suspension,
or other disciplinary action against the officer.
c. "Informal inquiry" means a meeting by supervisory or
command personnel with an officer who is the subject of an
allegation, for the purpose of resolving the allegation or
determining whether a formal administrative investigation should be
commenced.
d. "Interview" means the questioning of an officer who is the
subject of a complaint pursuant to the formal administrative
investigation procedures of the investigating agency, if such a
complaint may be the basis for seeking removal, discharge, or
suspension, or other disciplinary action against the officer.
"Interview" does not include questioning as part of any informal
inquiry or questioning related to minor infractions of agency rules
which will not result in removal, discharge, suspension, or other
disciplinary action against the officer.
e. "Officer" means a certified law enforcement officer, fire
fighter, emergency medical technician, corrections officer, detention
officer, jailer, probation or parole officer, communications officer,
or any other law enforcement officer certified by the Iowa law
enforcement academy and employed by a municipality, county, or state
agency.
f. "Statement" means the statement of the officer who is the
subject of an allegation in response to a complaint.
2. This section is not applicable to a criminal investigation of
an officer or where other investigations pursuant to state or federal
law require different investigatory procedures.
3. A formal administrative investigation of an officer shall be
commenced and completed in a reasonable period of time and an officer
shall be immediately notified of the results of the investigation
when the investigation is completed.
4. An officer shall not be compelled to submit to a polygraph
examination against the will of the officer except as otherwise
provided in section 730.4, subsection 3.
5. An officer who is the subject of a complaint, shall at a
minimum, be provided a written summary of the complaint prior to an
interview. If a collective bargaining agreement applies, the
complaint or written summary shall be provided pursuant to the
procedures established under the collective bargaining agreement. If
the complaint alleges domestic abuse, sexual abuse, or sexual
harassment, an officer shall not receive more than a written summary
of the complaint.
6. An officer being interviewed shall be advised by the
interviewer that the officer shall answer the questions and be
advised that the answers shall not be used against the officer in any
subsequent criminal proceeding.
7. An interview of an officer who is the subject of the complaint
shall, at a minimum, be audio recorded.
8. The officer shall have the right to have legal counsel
present, at the officer's expense, during the interview of the
officer. In addition, the officer shall have the right, at the
officer's expense, to have a union representative present during the
interview or, if not a member of a union, the officer shall have the
right to have a designee present.
9. If a formal administrative investigation results in the
removal, discharge, or suspension, or other disciplinary action
against an officer, copies of any witness statements and the
investigative agency's report shall be timely provided to the officer
upon the request of the officer.
10. An interview shall be conducted at any facility of the
investigating agency.
11. If an interview is conducted while an officer is off duty,
the officer shall be compensated as provided by law, or as provided
in the applicable collective bargaining agreement.
12. If a complaint is determined by the investigating officer to
be a violation of section 718.6, the investigating officer shall be
responsible for filing the necessary paperwork with the county
attorney's office in order for the county attorney to make a
determination as to whether to charge the person with a violation of
section 718.6.
13. An officer shall have the right to pursue civil remedies
under the law against a citizen arising from the filing of a false
complaint against the officer.
14. Notwithstanding any other provision of state law to the
contrary, an officer shall not be denied the opportunity to be a
candidate for any elected office as long as the officer's candidacy
does not violate the federal Hatch Act, 5 U.S.C. § 1501 et seq. An
officer may be required, as a condition of being a candidate, to take
a leave of absence during the campaign. If the officer is subject to
chapter 341A and is a candidate for county sheriff, the candidate,
upon the candidate's request, shall automatically be given a leave of
absence without pay as provided in section 341A.18.
15. An officer shall have the right, as any other citizen, to
engage in political activity except while on duty as long as the
officer's political activity does not violate the federal Hatch Act,
5 U.S.C. § 1501 et seq. An officer shall not be required to engage
in political activity by the officer's agency, a representative of
the officer's agency, or any other agency.
16. An officer shall not be discharged, disciplined, or
threatened with discharge or discipline in retaliation for exercising
the rights of the officer enumerated in this section.
17. The rights enumerated in this section are in addition to any
other rights granted pursuant to a collective bargaining agreement or
other applicable law.
18. A municipality, county, or state agency employing an officer
shall not publicly release the officer's official photograph without
the written permission of the officer or without a request to release
pursuant to chapter 22.
19. If a formal administrative investigation results in removal,
discharge, suspension, or disciplinary action against an officer, and
the officer alleges in writing a violation of the provisions of this
section, the municipality, county, or state agency employing the
officer shall hold in abeyance for a period of ten days any punitive
action taken as a result of the investigation, including a reprimand.
An allegation of a violation of this section may be raised and given
due consideration in any properly authorized grievance or appeal
exercised by an officer, including but not limited to a grievance or
appeal exercised pursuant to the terms of an applicable collective
bargaining agreement and an appeal right exercised under section
341A.12 or 400.20. Section History: Recent Form
2007 Acts, ch 160, §1