General Assembly: 77 (1998 Regular GA) - Chapter 1124 - Law enforcement officers’ training and probationary periods


Published: 1998-04-20

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279 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH.1124

CHAPTER 1124 LAW ENFORCEMENT OFFICERS' TRAINING AND PROBATIONARY PERIODS

S.F.316

AN ACT relating to the training and probationary periods for certain law enforcement officers.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 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.

Sec. 2. Section 341A.ll, unnumbered paragraph 1, Code 1997, is amended to read as follows:

The tenure of every deputy sheriff holding an office or position of employment under the provisions of this chapter shall be conditional upon a probationary period of not more than twelve months, and where such deputy sheriff attends the law enforcement academy or a regional training facility certified by the director of the Iowa law enforcement academy, a probationary period of not more than silt months, during vlhich time the appointee may be removed or discharged by the sheriff. Thereafter If the employee has successfully completed training at the Iowa law enforcement academy or a regional training facility certified by the director of the Iowa law enforcement academy prior to initial appointment as a deputy sheriff, the probationary period shall be for a period of up to nine months and shall com- mence with the date of initial appointment as a deputy sheriff. If the employee has not successfully completed training at the Iowa law enforcement academy or a regional train- ing facility certified by the director of the Iowa law enforcement academy prior to initial appointment as a deputy sheriff, the probationary period shall commence with the date of initial employment as a deputy sheriff and shall continue for a period of up to nine months following the date of successful completion of training at the Iowa law enforcement acad- emy or a regional training facility certified by the director of the Iowa law enforcement academy. During the probationary period, the appointee may be removed or discharged by the sheriff without the right of appeal to the commission. Each deputy sheriff who transfers from one jurisdiction to another shall be employed subject to a probationary period of up to nine months. After the probationary period, the deputy sheriff may be removed or dis- charged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privi- leges or other privileges for any of the following reasons:

Sec.3. Section 400.8, subsection 3, Code 1997, is amended to read as follows: 3. All appointments to such positions shall be conditional upon a probation period of not

to exceed six months, and in the case of police patrol officers, police dispatchers, and fire fighters a probation period not to exceed twelve months. In the case of police patrol officers, if the employee has successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy before the initial appointment as a police patrol officer. the probationary period shall be for a period of up to nine months and shall commence with the date of initial appointment as a police patrol officer. If the employee has not successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the law enforce- ment academy before initial appointment as a police patrol officer. the probationary period shall commence with the date of initial employment as a police patrol officer and shall continue for a period of up to nine months following the date of successful completion of training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy. A police patrol officer transferring employ- ment from one jurisdiction to another shall be employed subject to a probationary period of

CH.1124 lAWS OF THE SEVENTY-SEVENTH GA, 1998 SESSION 280

up to nine months. However, in cities with a population over one hundred seventy-five thousand, appointments to the position of fire fighter shall be conditional upon a probation period of not to exceed twenty-four months. During the probation period, the appointee may be removed or discharged from such position by the appointing person or body without the right of appeal to the commission. A person removed or discharged during a probationary period shall, at the time of discharge, be given a notice in writing stating the reason or reasons for the dismissal. A copy of such notice shall be promptly filed with the commis- sion. Continuance in the position after the expiration of such probationary period shall constitute a permanent appointment.

Approved April 20, 1998

CHAPTER 1125 DISPOSITION OF SEIZED PUBLIC NUISANCES

S.F.347

AN ACT relating to the disposal of public nuisances seized by the department of natural resources.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 483A.32, Code 1997, is amended to read as follows: 483A.32 PUBLIC NUISANCE. Any device, contrivance, or material used to violate a rule adopted by the commission, or

any other provision of this chapter or chapters 481A. 481B. 482. 484A. or 484B, is a public nuisance, aHa the and may be condemned by the state. The director, aBEl the director's officers, or any peace officer, shall seize SHffi the devices, contrivances, or materials sa used as a public nuisance, without warrant or process, and deliver them to a magistrate having jurisdiction. An automobile shall not be construed to be a public nuisance under this sec- tion.

Sec. 2. Section 483A.33, Code 1997, is amended by striking the section and inserting in lieu thereof the following:

483A.33 DISPOSITION OF PROPERTY SEIZED AS PUBLIC NUISANCE. The disposition of property seized pursuant to section 483A.32 shall be conducted as

follows: 1. The officer taking possession of property seized as a public nuisance shall make a

written inventory of the property and deliver a copy of the inventory to the person from whom the property was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of seizure, location of the seizure, and the name of the seizing public agency. Property which has been seized shall be safely secured and stored by the public agency which caused its seizure unless directed otherwise by the county attorney of the county where the property was seized or by the attorney general.

2. a. The county attorney or attorney general may file with the clerk of the district court for the county in which the property was seized a notice of condemnation which shall include a description of the property claimed to be condemned by the state, the grounds upon which the state claims that the property has been condemned, the date and place of seizure, and the name of the person from whom the property was seized.