Bill would set investigation and court-review rules for Iowa officers

Agencies would give officers a written complaint summary and specified records before an interview or Brady-Giglio proceeding. This applies to an officer who is the subject of a complaint. If a collective bargaining agreement applies, it sets how the complaint or summary is provided. For complaints alleging domestic abuse, sexual abuse, workplace harassment, or sexual harassment, the officer receives only a written summary. Providing these records does not make them public records. The summary must come before an interview. The records must be provided without unnecessary delay and before an interview or Brady-Giglio proceeding.

Prosecuting agencies would make fair, good-faith decisions about Brady-Giglio listings and disclosures, and officers could ask a court to review a listing. These provisions concern prosecuting agencies' decisions about officers and court actions under the chapter. The text sets a clear-and-convincing-evidence standard for allegations or charges leading to a listing, including claims of untruthfulness or dishonesty. A court could affirm, change, or reverse a listing decision and grant relief. Prosecuting agencies and their employees would be immune from money damages for actions under this chapter. An officer could appeal a district court's final decision to the Iowa Supreme Court within 30 days. The court-review provision applies retroactively to July 1, 2021.

Agencies could not require officers to disclose personal records without a valid warrant or subpoena, or force answers about privileged information; agencies could not withhold exculpatory evidence in a formal investigation. These rules cover officers and the employing, investigating, or prosecuting agencies involved in complaints or investigations. The limits on requiring personal records apply to employing, investigating, and prosecuting agencies. The prohibition on withholding exculpatory evidence applies when an officer is the subject of a formal administrative investigation.

An officer could sue over a knowingly false complaint or another violation of the chapter, and an agency would pause certain discipline for 10 days after a written allegation of a violation. These provisions apply to officers and complaints or discipline covered by the chapter. A lawsuit could seek damages, court costs, and reasonable attorney fees. The district court filing fee for an action under the chapter is $150. The 10-day pause applies when an investigation results in reassignment, suspension, demotion, removal, or discharge and the officer alleges a violation in writing. The 10-day pause begins when the officer makes the written allegation. A $150 filing fee applies when an officer files an action under the chapter.