The rights of Iowa’s firefighters, police officers and other public safety workers are protected by the Iowa Public Safety Officer Bill of Rights. These rights apply in preparation for, during, and following an administrative investigation complaint interview. When a civilian files a complaint, public safety officers have rights. At Hedberg & Boulton, P.C., in Des Moines, we help public safety officers in Iowa protect their civil rights.
The bill of rights applies to all certified law enforcement officers, firefighters, emergency medical technicians, corrections officers, detention officers, jailers, probation or parole officers, communication officers, or any other law enforcement officer certified by the Iowa Law Enforcement Academy and employed by a municipality, county, or state agency.
The protections afforded under the Iowa Public Safety Officer Bill of Rights applies to interviews where an officer is the subject of a complaint pursuant to a formal administrative investigation of the investigating agency and if such complaint may be the basis for disciplinary action against the officer. An interview does not include questions as part of any informal inquiry or questions related to minor infractions of agency rules, which will not result in disciplinary action against the officer. Nor is the act applicable to a criminal investigation of an officer or where other investigations pursuant to state or federal are required different investigatory procedures.
An officer who is the subject of a complaint shall at a minimum be provided a written summary of the complaint prior to the 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.
An officer being interviewed shall be advised by the interviewer that the officer shall answer the question and the answers shall not be used against the officer in any subsequent criminal proceeding. The officer shall not be compelled to submit to a polygraph examination against the will of the officer except as provided under section 730.4 subsection 3. The officer shall have a right to legal counsel present at the officer’s expense during the interview. 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. The interview, at a minimum, must be audio recorded.
The interview must be conducted at an investigation agency facility. If the interview is conducted while the officer is off duty, the officer shall be compensated as provided by law, or as provided in the applicable collective bargaining agreement.
Typically, unemployment cases come down to three separate categories, These are (1) the employee was fired (2) the employee quit (3) the employee was laid off due to a lack of work available.
If the employee was fired, the employer has the burden of proving the employee committed misconduct, justifying termination. Misconduct is a fairly high standard for employers to prove, and is further discussed below.
If the employee quit, the employee has the burden of proving the quit was for “good cause attributable to the employer” to receive unemployment benefits. This is a difficult standard for employees to meet, as it requires proof the employer’s actions either amounted to a constructive discharge (where the employee was forced to quit) or the quit was directly related to the employer’s misconduct. Simply being unhappy with working conditions or treatment at a place of employment does not allow an employee to quit and recover benefits.
If the employee was laid off for lack of work, the employee is likely eligible for unemployment benefits.
Even if your case seems straightforward, obtaining the unemployment benefits you deserve can be a challenge. Partnering with an attorney can improve your chances of recovering them.
The investigation must be commenced and completed in a reasonable period of time. An officer must be immediately notified of the results of the investigation upon completion.
If the investigation results in disciplinary actions, copies of any witness statement and the investigative agency’s report shall be timely provided to the officer upon request.
In order to give one the best possible chance at receiving unemployment insurance benefits, maintain contact and communication with one’s employer. If a worker becomes sick, sustains an injury, has an allergic reaction, or becomes pregnant, the worker should consult with a doctor. If that doctor advises the worker time away from work due to the health condition is necessary, the worker should get a doctor’s note and present it as soon as possible to the worker’s employer. If the employer has a policy regarding absences and calling in, the worker should follow the procedures for timely reporting of an absence. Upon being released to return to work by the treating physician, the worker should notify the employer immediately and do so in writing. The employee should do this even if he or she has been laid off or fired by the employer, because the law requires the worker to do so in order to be eligible for unemployment insurance benefits.
For more information on an injured worker’s right to be free from discrimination based on a disability, and to take leave under the federal Family Medical Leave Act, please feel free to contact our firm. These are time sensitive claims making it important for a worker to investigate his or her rights shortly after those rights may have been violated.
If a complaint is determined by the investigating officer to be false, 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 criminally. 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.
Officers shall not be denied the opportunity to be a candidate for elected office as long as the officer’s candidacy does not violate the federal Hatch Act. However, 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 leave of absence without pay as provided under section 341A.18. Additionally, an officer shall have a right to engage in political activity except while on duty, as long as the political activity does not violate the federal Hatch Act. Finally, an officer shall not be required to engage in political activity.
An officer shall not be discharged, disciplined, threatened with discharge, or disciplined in retaliation for exercising his or her rights under the act.
At Hedberg & Boulton, P.C., our employment lawyers and labor law attorneys have decades of experience representing professionals, workers and employees in Iowa. They understand the special issues that peace officers and public safety employees face in the course of serving and protecting the public. If you are facing a civil complaint, our attorneys can protect your rights.
At Hedberg & Boulton, P.C., we want to make sure your rights as a public safety or peace officer are protected. We offer free consultations to answer any of your specific questions. We look forward to telling you more about how we can help you with your case. Call us today at 515-288-4148 or send us an email through our website to schedule your free appointment.