CHAPTER 80B LAW ENFORCEMENT ACADEMY
80B.1 CITATION.
80B.2 INTENT.
80B.3 DEFINITIONS.
80B.4 ACADEMY CREATED.
80B.5 ADMINISTRATION.
80B.6 COUNCIL CREATED -- MEMBERSHIP.
80B.7 OFFICERS OF COUNCIL.
80B.8 COMPENSATION AND EXPENSES.
80B.9 MEETINGS.
80B.10 ANNUAL REPORT.
80B.11 RULES.
80B.11A JAILER TRAINING STANDARDS.
80B.11B EXAMINATION AND ATTENDANCE FEES -- TRAINING COST -- APPROPRIATION.
80B.11C TELECOMMUNICATOR TRAINING STANDARDS.
80B.11D TRAINING.
80B.11E ACADEMY TRAINING -- APPLICATION BY INDIVIDUAL -- INDIVIDUAL EXPENSE.
80B.12 AGREEMENTS WITH OTHER AGENCIES.
80B.13 AUTHORITY OF COUNCIL.
80B.14 BUDGET SUBMITTED TO DEPARTMENT OF MANAGEMENT.
80B.15 LIBRARY AND MEDIA RESOURCE CENTER.
80B.16 AUDIOVISUAL FEES ESTABLISHED.
80B.17 CERTIFICATION REQUIRED.
80B.18 LAW ENFORCEMENT OFFICER -- TRIBAL GOVERNMENT.



        

80B.1 CITATION. This chapter shall be known as the "Iowa Law Enforcement Academy and Council Act".

         Section History: Early Form

[C71, 73, 75, 77, 79, 81, § 80B.1]

80B.2 INTENT. It is the intent of the legislature in creating the academy and the council to maximize training opportunities for law enforcement officers, to coordinate training and to set standards for the law enforcement service, all of which are imperative to upgrading law enforcement to professional status.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.2]
        

80B.3 DEFINITIONS. When used in this chapter: 1. "Academy" means the Iowa law enforcement academy. 2. "Council" means the Iowa law enforcement academy council. 3. "Law enforcement officer" means an officer appointed by the director of the department of natural resources, a member of a police force or other agency or department of the state, county, city, or tribal government regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state and all individuals, as determined by the council, who by the nature of their duties may be required to perform the duties of a peace officer.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.3] 

         Section History: Recent Form

         2003 Acts, ch 87, §1
         Referred to in § 200.17A, 462A.2
        

80B.4 ACADEMY CREATED. There is hereby created the Iowa law enforcement academy as a central law enforcement training facility, in order to serve the best interests of the state in carrying out the intent and purpose of this chapter. The academy shall be situated at Camp Dodge and the council shall enter into an agreement with the adjutant general which agreement shall provide for the use of certain of the facilities at Camp Dodge, for the remodeling and conversion of existing structures to classrooms and dormitory space, and for the use of land for the site of an administration building. The agreement shall be on such terms and conditions as are necessary to carry out the purpose of this chapter.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.4]
        

80B.5 ADMINISTRATION. The administration of this chapter shall be vested in the office of the governor. A director of the academy and such staff as may be necessary for it to function shall be employed pursuant to the Iowa merit system.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.5] 

         Section History: Recent Form

         2004 Acts, ch 1086, §19
         Merit system, see chapter 8A, subchapter IV
        

80B.6 COUNCIL CREATED -- MEMBERSHIP. 1. There is created the Iowa law enforcement academy council which shall consist of the following seven voting members appointed by the governor subject to confirmation by the senate to terms of four years commencing as provided in section 69.19: a. Three residents of the state. b. A sheriff of a county. c. A police officer who is a member of a police department of a city with a population larger than fifty thousand persons. d. A police officer who is a member of a police department of a city with a population of less than fifty thousand persons. e. A member of the department of public safety. 2. One senator appointed by the president of the senate after consultation with the majority leader of the senate, one senator appointed by the minority leader of the senate, one representative appointed by the speaker of the house of representatives, and one representative appointed by the minority leader of the house of representatives are also ex officio, nonvoting members of the council who shall serve terms as provided in section 69.16B. 3. In the event a member appointed pursuant to this section is unable to complete a term, the vacancy shall be filled for the unexpired term in the same manner as the original appointment.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.6] 

         Section History: Recent Form

         86 Acts, ch 1245, § 2029; 90 Acts, ch 1223, § 15; 2008 Acts, ch
      1031, §90; 2008 Acts, ch 1156, §24, 58
         Confirmation, see § 2.32
        

80B.7 OFFICERS OF COUNCIL. The council shall elect from its membership a chairperson and a vice chairperson each of whom shall serve for a term of one year and who may be reelected. Membership on the council shall not constitute holding a public office and members of the council shall not be required to take and file oaths of office before serving on the council. No member of the council shall be disqualified from holding any public office or employment by reason of appointment or membership on the council, nor shall any member forfeit any such office or employment by reason of appointment to the council, notwithstanding the provisions of any general, special or local law, ordinance or city charter.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.7]
        

80B.8 COMPENSATION AND EXPENSES. The members of the council, who are not employees of the state or a political subdivision, shall be paid a per diem as specified in section 7E.6. All members of the council shall be reimbursed for necessary and actual expenses incurred in attending meetings and in the performance of their duties. All per diem and expense moneys paid to nonlegislative members shall be paid from funds appropriated to the Iowa law enforcement academy. Legislative members of the council shall receive payment pursuant to section 2.10 and section 2.12.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.8] 

         Section History: Recent Form

         90 Acts, ch 1256, §27
        

80B.9 MEETINGS. The council shall meet at least four times each year and shall hold special meetings when called by the chairperson or, in the absence of the chairperson, by the vice chairperson, or by the chairperson upon written request of five members of the council. The council shall establish procedures and requirements with respect to quorum, place, and conduct of meetings.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.9]
        

80B.10 ANNUAL REPORT. The council shall make an annual report to the governor, the attorney general, and the commissioner of public safety which shall include pertinent data regarding the standards established and the degree of participation of agencies in the training program.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.10]
        

80B.11 RULES. 1. The director of the academy, subject to the approval of the council, shall promulgate rules in accordance with the provisions of this chapter and chapter 17A, giving due consideration to varying factors and special requirements of law enforcement agencies relative to the following: a. Minimum entrance requirements, course of study, attendance requirements, and equipment and facilities required at approved law enforcement training schools. Minimum age requirements for entrance to approved law enforcement training schools shall be eighteen years of age. Minimum course of study requirements shall include a separate domestic abuse curriculum, which may include but is not limited to outside speakers from domestic abuse shelters and crime victim assistance organizations. Minimum course of study requirements shall also include a sexual assault curriculum. b. Minimum basic training requirements law enforcement officers employed after July 1, 1968, must complete in order to remain eligible for continued employment and the time within which such basic training must be completed. Minimum requirements shall mandate training devoted to the topic of domestic abuse and sexual assault. The council shall submit an annual report to the general assembly by January 15 of each year relating to the continuing education requirements devoted to the topic of domestic abuse, including the number of hours required, the substance of the classes offered, and other related matters. c. (1) Categories or classifications of advanced in-service training program and minimum courses of study and attendance requirements for such categories or classifications. (2) In-service training under this paragraph "c" shall include the requirement that all law enforcement officers complete a course on investigation, identification, and reporting of public offenses based on the race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability of the victim. The director shall consult with the civil rights commission, the department of public safety, and the prosecuting attorneys training coordinator in developing the requirements for this course and may contract with outside providers for this course. d. Within the existing curriculum, expanded training regarding racial and cultural awareness and dealing with gang-affected youth. e. Training standards on the subject of human trafficking, to include curricula on cultural sensitivity and the means to deal effectively and appropriately with trafficking victims. Such training shall encourage law enforcement personnel to communicate in the language of the trafficking victims. The course of instruction and training standards shall be developed by the director in consultation with the appropriate national and state experts in the field of human trafficking. f. Minimum standards of physical, educational, and moral fitness which shall govern the recruitment, selection, and appointment of law enforcement officers. g. Minimum standards of mental fitness which shall govern the initial recruitment, selection, and appointment of law enforcement officers. The rules shall include but are not limited to providing a battery of psychological tests to determine cognitive skills, personality characteristics, and suitability of an applicant for a law enforcement career. However, this battery of tests need only be given to applicants being considered in the final selection process for a law enforcement position. Notwithstanding any provision of chapter 400, an applicant shall not be hired if the employer determines from the tests that the applicant does not possess sufficient cognitive skills, personality characteristics, or suitability for a law enforcement career. The director of the academy shall provide for the cognitive and psychological examinations and their administration to the law enforcement agencies or applicants, and shall identify and procure persons who can be hired to interpret the examinations. h. Grounds for revocation or suspension of a law enforcement officer's certification. i. Exemptions from particular provisions of this chapter in case of any state, county, or city, if, in the opinion of the council, the standards of law enforcement training established and maintained by the governmental agency are as high or higher than those established pursuant to this chapter; or revocation in whole or in part of such exemption, if in its opinion the standards of law enforcement training established and maintained by the governmental agency are lower than those established pursuant to this chapter. j. Minimum qualifications for instructors in telecommunicator training schools. k. Minimum qualifications for instructors in law enforcement and jailer training schools. l. Certification through examination for individuals who have successfully completed the federal bureau of investigation national academy, have corrected Snellen vision in both eyes of 20/20 or better, and were employed on or before January 1, 1996, as chief of police of a city in this state with a population of twenty thousand or more. 2. A certified course of instruction provided for under this section which occurs at a location other than at the central training facility of the Iowa law enforcement academy shall not be eliminated by the Iowa law enforcement academy.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.11] 

         Section History: Recent Form

         84 Acts, ch 1245, § 1--3; 84 Acts, ch 1246, § 1; 85 Acts, ch 208,
      § 2; 89 Acts, ch 62, § 1, 2; 91 Acts, ch 218, § 2; 91 Acts, ch 219, §
      1; 92 Acts, ch 1157, § 1; 92 Acts, ch 1238, § 20; 93 Acts, ch 169, §
      15; 94 Acts, ch 1172, §1; 96 Acts, ch 1061, § 1; 96 Acts, ch 1201, §
      1; 99 Acts, ch 70, §1; 2003 Acts, ch 87, §2; 2006 Acts, ch 1074, §1;
      2007 Acts, ch 22, §18; 2008 Acts, ch 1031, §25
         Referred to in § 80B.13
        

80B.11A JAILER TRAINING STANDARDS. The director of the academy, subject to the approval of the council, and in consultation with the Iowa department of corrections, Iowa state sheriffs' and deputies' association, and the Iowa association of chiefs of police and peace officers, shall adopt rules in accordance with this chapter and chapter 17A establishing minimum standards for training of jailers.

         Section History: Recent Form

         89 Acts, ch 62, §3
        

80B.11B EXAMINATION AND ATTENDANCE FEES -- TRAINING COST -- APPROPRIATION. 1. The full cost of providing cognitive and psychological examinations of law enforcement officer candidates may be charged by the Iowa law enforcement academy. 2. The Iowa law enforcement academy may also charge the department of natural resources or other agency or department of the state, a member of a police force of a city or county, or any political subdivision of the state not more than one-half of the cost of providing the basic training course which is designed to meet the minimum basic training requirements for a law enforcement officer. All other candidates to the law enforcement academy, including a candidate from a tribal government, shall pay the full costs of providing the basic training requirements for a law enforcement officer. 3. The Iowa law enforcement academy may also charge an attendance fee as determined by the director of the academy and approved by the council for courses, schools, and seminars, other than the basic training course specified in subsection 2. Funds generated from attendance fees are appropriated to and shall be used at the direction of the academy to fulfill its responsibilities under this chapter.

         Section History: Recent Form

         90 Acts, ch 1267, § 25; 92 Acts, ch 1238, § 21; 94 Acts, ch 1189,
      §17; 2003 Acts, ch 87, §3
        

80B.11C TELECOMMUNICATOR TRAINING STANDARDS. The director of the academy, subject to the approval of the council, in consultation with the Iowa state sheriffs' and deputies' association, the Iowa police executive forum, the Iowa association of chiefs of police and peace officers, the Iowa state police association, the Iowa association of professional fire fighters, the Iowa emergency medical services association, the joint council of Iowa fire service organizations, the Iowa department of public safety, the Iowa chapter of the association of public safety communications officials-international, inc., the Iowa chapter of the national emergency number association, the homeland security and emergency management division of the Iowa department of public defense, and the Iowa department of public health, shall adopt rules pursuant to chapter 17A establishing minimum standards for training of telecommunicators. For purposes of this section, "telecommunicator" means a person who receives requests for, or dispatches requests to, emergency response agencies which include, but are not limited to, law enforcement, fire, rescue, and emergency medical services agencies.

         Section History: Recent Form

         96 Acts, ch 1061, §2; 2003 Acts, ch 179, §157
        

80B.11D TRAINING. 1. An individual who is not a certified law enforcement officer may apply for attendance at a short course of study at an approved law enforcement training program if such individual is sponsored by a law enforcement agency. Such individual may be sponsored by a law enforcement agency that either intends to hire or has hired the individual as a law enforcement officer. 2. An individual who submits an application pursuant to subsection 1 shall, at a minimum, meet all minimum hiring standards as established by academy rules, including the successful completion of certain psychological and physical testing examinations. In addition, such individual shall be of good moral character as determined by a thorough background investigation by the hiring law enforcement agency. The academy shall conduct the requisite testing and background investigation for a fee if the law enforcement agency does not do so, and for such purposes, the academy shall be defined as a law enforcement agency and shall have the authority to conduct a background investigation including a fingerprint search of local, state, and national fingerprint files. 3. An individual who submits an application pursuant to subsection 1 shall, at a minimum, submit proof of successful completion of a two-year or four-year police science or criminal justice program at an accredited educational institution in this state approved by the academy. 4. An individual shall not be granted permission to attend an approved law enforcement training program pursuant to subsection 1 if such acceptance would result in the nonacceptance of another qualifying applicant who is a law enforcement officer. 5. This section applies only to individuals who apply for certification through a short course of study as established by rule. 6. An individual who has not been hired by a law enforcement agency must be hired by a law enforcement agency within eighteen months of completing the short course of study in order to obtain certification pursuant to this section.

         Section History: Recent Form

         2003 Acts, ch 67, §1
        

80B.11E ACADEMY TRAINING -- APPLICATION BY INDIVIDUAL -- INDIVIDUAL EXPENSE. 1. Notwithstanding any other provision of law to the contrary, an individual who is not a certified law enforcement officer may apply for attendance at the law enforcement academy at their own expense if such individual is sponsored by a law enforcement agency that either intends to hire or has hired the individual as a law enforcement officer on the condition that the individual meets the minimum eligibility standards described in subsection 2. 2. An individual who submits an application pursuant to subsection 1 shall, at a minimum, meet all minimum hiring standards as established by academy rules, including the successful completion of certain psychological and physical testing examinations. In addition, such individual shall be of good moral character as determined by a thorough background investigation by the academy for a fee. For such purposes, the academy shall have the authority to conduct a background investigation of the individual, including a fingerprint search of local, state, and national fingerprint files. 3. An individual shall not be granted permission to attend an academy training program if such acceptance would result in the nonacceptance of another qualifying applicant who is a law enforcement officer. 4. An individual who has not been hired by a law enforcement agency must be hired by a law enforcement agency within eighteen months of completing the appropriate coursework at the law enforcement academy in order to obtain certification pursuant to this chapter.

         Section History: Recent Form

         2003 Acts, ch 178, §16; 2004 Acts, ch 1086, §20
        

80B.12 AGREEMENTS WITH OTHER AGENCIES. The director with the approval of the council may enter into agreements with other public and private agencies, colleges and universities to carry out the intent of this chapter.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.12]
        

80B.13 AUTHORITY OF COUNCIL. The council may: 1. Designate members to visit and inspect any law enforcement or jailer training schools, or examine the curriculum or training procedures, for which application for approval has been made. 2. Issue certificates to law enforcement training schools qualifying under the regulations of the council. 3. Issue certificates to law enforcement officers and jailers who have met the requirements of this chapter and rules adopted under chapter 17A relative to hiring and training standards. 4. Make recommendations to the governor, the attorney general, the commissioner of public safety and the legislature on matters pertaining to qualification and training of law enforcement officers and jailers and other matters considered necessary to improve law enforcement services and jailer training. 5. Cooperate with federal, state, and local enforcement agencies in establishing and conducting local or area schools, or regional training centers for instruction and training of law enforcement officers and jailers. 6. Direct research in the field of law enforcement and jailer training and accept grants for such purposes. 7. Accept applications for attendance of the academy from persons other than those required to attend. 8. a. Revoke a law enforcement officer's certification for the conviction of a felony or revoke or suspend a law enforcement officer's certification for a violation of rules adopted pursuant to section 80B.11, subsection 1, paragraph "h". In addition the council may consider revocation or suspension proceedings when an employing agency recommends to the council that revocation or suspension would be appropriate with regard to a current or former employee. If a law enforcement officer resigns, the employing agency shall notify the council that an officer has resigned and state the reason for the resignation if a substantial likelihood exists that the reason would result in the revocation or suspension of an officer's certification for a violation of the rules. b. A recommendation by an 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. "Final", as used in this section, means that all appeals through a grievance procedure available to the officer or civil service have been exhausted. The written recommendations shall be unavailable for inspection by anyone except personnel of the employing agency, the council and the affected law enforcement officer, or as ordered by a reviewing court. c. The council shall establish a process for the protest and appeal of a revocation or suspension made pursuant to this subsection. 9. In accordance with chapter 17A, conduct investigations, hold hearings, appoint hearing examiners, administer oaths and issue subpoenas enforceable in district court on matters relating to the revocation or suspension of a law enforcement officer's certification. 10. Secure the assistance of the state division of criminal investigation in the investigation of alleged violations, as provided under section 80.9A, subsection 6, paragraphs "c" and "g", of the provisions adopted under section 80B.11.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.13] 

         Section History: Recent Form

         84 Acts, ch 1246, § 2, 3; 85 Acts, ch 67, §10; 89 Acts, ch 62, §4;
      99 Acts, ch 70, §2--4; 2007 Acts, ch 22, §19; 2008 Acts, ch 1031,
      §99; 2008 Acts, ch 1032, §201
         Referred to in § 321.267A
        

80B.14 BUDGET SUBMITTED TO DEPARTMENT OF MANAGEMENT. The Iowa law enforcement academy council shall submit to the department of management, annually and in such form as required by chapter 8 estimates of its expenditure requirements. Such estimates shall include the costs of administration, maintenance, and operation, and the cost of any proposed capital improvements or additional programs.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 80B.14]
        

80B.15 LIBRARY AND MEDIA RESOURCE CENTER. The academy shall be the principal law enforcement library and media resource center and shall coordinate the use of law enforcement media resources with training centers and educational institutions offering a two-year program in law enforcement to insure for the efficient use of state law enforcement media resources. The academy shall offer state media resource assistance to any law enforcement training center certified by the Iowa law enforcement academy council. The director of the academy shall assess a fee for use of law enforcement media resources supplied or loaned by the academy. The fees shall be established by rules adopted pursuant to chapter 17A. The fees shall be considered as repayment receipts.

         Section History: Early Form

         [C77, 79, 81, § 80B.15; 81 Acts, ch 14, § 22]
        

80B.16 AUDIOVISUAL FEES ESTABLISHED. The academy may charge state departments, independent agencies, or other governmental offices a fee not to exceed the actual costs, including the cost of equipment, production, and duplication, for audiovisual services provided by the academy. Fees shall be deposited in a separate fund in the state treasury to be known as the audiovisual equipment fund. Funds generated from the audiovisual fees are appropriated and shall be used at the direction of the academy only to maintain and upgrade academy audiovisual equipment. Notwithstanding section 8.33, unencumbered or unobligated moneys in the separate fund at the end of a fiscal year shall not revert to the general fund of the state.

         Section History: Recent Form

         92 Acts, ch 1238, § 22
        

80B.17 CERTIFICATION REQUIRED. The council shall extend the one-year time period in which an officer candidate must become certified for up to one hundred eighty days if the officer candidate is enrolled in training within twelve months of initial appointment.

         Section History: Recent Form

         98 Acts, ch 1124, §1
         Referred to in § 321.267A
        

80B.18 LAW ENFORCEMENT OFFICER -- TRIBAL GOVERNMENT. A law enforcement officer who is a member of a police force of a tribal government and who becomes certified through the Iowa law enforcement academy shall be subject to the certification and revocation of certification rules and procedures as provided in this chapter. The certified law enforcement officer shall be subject to the jurisdiction of the courts of this state if an agreement exists between the tribal government and the state or between the tribal government and a county, which grants authority to the law enforcement officer to act in a law enforcement capacity off a settlement or reservation.

         Section History: Recent Form

         2003 Acts, ch 87, §4

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