Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Mandatory revocation. The council shall revoke a law
enforcement officer's certification or a reserve peace officer's certification
upon a finding that the law enforcement officer or reserve peace officer has
done any of the following:
a. The law
enforcement officer or reserve peace officer pled guilty to or was convicted of
a felony;
b. The law enforcement
officer or reserve peace officer manufactured, sold, or conspired to
manufacture or sell an illegal drug other than an authorized act in connection
with official duties;
c. The law
enforcement officer or reserve peace officer pled guilty to or was convicted of
a crime constituting a misdemeanor crime of domestic violence or other domestic
abuse including other offenses or lesser included offenses stemming from
domestic abuse;
d. The law
enforcement officer or reserve peace officer pled guilty to or was convicted of
any offense classified as a tier I, tier II, or tier III sex offense in Iowa
Code chapter 692A;
e. The law
enforcement officer or reserve peace officer was discharged for serious
misconduct, as defined by Iowa Code section
80B.13A(1)
"b," from employment as a law enforcement officer;
f. The law enforcement officer or reserve
peace officer left, voluntarily quit, or was laid off when disciplinary
investigation or action was imminent or pending which could have resulted in
the law enforcement officer being discharged or the reserve officer being
removed for serious misconduct, if the council determined that the officer
engaged in serious misconduct;
g.
The law enforcement officer or reserve peace officer was convicted or pled
guilty to 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 comparable to an offense listed in paragraphs
6.2(1)
"a" to
"d."
(2)
Discretionary
revocation. The director or the director's designee shall have the
authority to conduct a preliminary inquiry and shall have the authority to
determine which matters shall be referred to the council for consideration. The
council, at its discretion, may revoke or suspend a law enforcement officer's
or a reserve peace officer's certification under any of the following
circumstances:
a. The law enforcement officer
or reserve peace officer has been discharged for "good cause" from employment
as a law enforcement officer or from appointment as a reserve peace
officer.
b. The law enforcement
officer or reserve peace officer leaves, voluntarily quits, or the officer's
position is eliminated when disciplinary action was imminent or pending which
could have resulted in the law enforcement officer being discharged or the
reserve peace officer being removed for "good cause."
c. The law enforcement officer's or reserve
peace officer's current or former employing agency recommends to the council
that revocation or suspension would be appropriate with regard to a current or
former employee. A recommendation by the law enforcement officer's or reserve
peace officer's current or former employing agency must be in writing and set
forth the reasons why the action is being recommended, the findings of the
employing agency concerning the matter, the action taken by the employing
agency, and that the action by the agency is final. Upon such a recommendation,
the law enforcement officer's or reserve peace officer's current or former
employing agency shall provide the Iowa law enforcement academy the following
materials within ten days of the recommendation:
(1) The law enforcement officer's or reserve
peace officer's personnel file;
(2)
The employing agency's internal investigative file;
(3) Any other materials the employing agency
used in the determination to make its recommendation.
d. The law enforcement officer or reserve
peace officer is recommended for revocation or suspension by the attorney
general to the council pursuant to Iowa Code section
13.12.
e. The law enforcement officer or reserve
peace officer:
(1) Makes, tenders, or
certifies to a material false statement in a document prescribed by the academy
or otherwise provided for or authorized by these rules, or in any other
document intended to induce the academy or the council to take or withhold
action.
(2) Falsifies or makes
misrepresentations on an employment application submitted to any Iowa law
enforcement agency or any other public document required to be completed by the
officer.
(3) Testifies falsely in
any court of law or administrative hearing about a material issue with the
intent to deceive.
(4) Commits any
act of moral turpitude as defined in 501-subrule 2.1(5). A copy of the record
of conviction of or plea of guilty to a crime of moral turpitude shall be
conclusive evidence; however, a conviction or plea of guilty is not
required.
(5) Uses or possesses an
illegal substance other than in connection with official duties.
(6) Fails to comply with the requirements of
501-Chapters 8 and 10 relative to in-service training.
(7) Is decertified in any other state where
the law enforcement officer or reserve peace officer may be
certified.
f. The law
enforcement officer has failed to reimburse the employing agency for costs
incurred by that agency, including fees paid to the academy, clothing vendor
costs, meal costs, uniform/equipment costs, and the officer's salary paid
during the academy if the officer leaves that agency and is employed by another
law enforcement agency within a period of four years following completion of
the certification training, under the following conditions:
(1) A written agreement or contract of
employment must be entered into by the officer and the employing agency
contemporaneously with the date of employment. The agreement shall specifically
provide for the reimbursement to the employing agency by the officer of the
costs of training incurred by the employing agency, including fees paid to the
Iowa law enforcement academy, clothing vendor costs, meal costs,
uniform/equipment costs, and the officer's salary paid during the academy. The
agreement must:
1. Specify the amount of
reimbursement that the officer agrees to pay;
2. Set forth the time period within which
this reimbursement will be made, which shall be on a declining scale similar to
the provisions of Iowa Code section
384.15(7);
3. Contain a statement that if reimbursement
is not made in accordance with the agreement, the officer understands that the
employing agency may at its option seek the officer's decertification as an
Iowa law enforcement officer; and
4. Contain a provision to the effect that the
agreement or contract of employment is for bona fide employment of the officer
and not for the purpose of achieving certification for the officer by way of
"sponsorship" through the academy.
(2) A recommendation for decertification must
be verified under oath by the administrator of the employing agency with which
the officer contracted under this rule. The recommendation for decertification
must contain the following information:
1.
Have attached a copy of the agreement referred to in subparagraph
6.2(2)
"f"(1) above;
2. Include an order of judgment from a small
claims or civil court;
3. State
that the officer has not made reimbursement to the employing agency as provided
in the agreement, and clearly describe the nature of the default;
4. List an accounting of all payments made by
the officer to the employing agency under the agreement, and specify the
balance due;
5. State that written
notice of the default or judgment has been given to the officer, that the
officer has been provided opportunity to correct the default, and that there
remains no reasonable alternative to decertification;
6. Specifically recommend that the council
commence proceedings to decertify the officer, and state that the employing
agency will do all things necessary to cooperate in this effort; and
7. Set out the last-known address of the
officer, the officer's telephone number, and the officer's last-known place of
employment.
(3) The
recommendation for decertification must be submitted to the academy not more
than one year after the date of the officer's default, unless the council, upon
written application and for good cause shown, grants further time in which to
submit the recommendation.