B. The time limitation set forth in subsection A does not preclude the employer from initiating a new investigation of the employee for misconduct upon newly discovered material evidence that could not with reasonable diligence have been discovered during the initial one hundred eighty-calendar-day limitation or any extension.
C. If, in the course of an investigation involving multiple law enforcement officers, evidence is discovered that exonerates the law enforcement officer or fails to sustain any wrongdoing, the employer shall issue the individual law enforcement officer a notice of findings. The employer may continue to order the law enforcement officer not to discuss or disclose any information regarding the investigation except to the law enforcement officer's legal counsel, spouse, representative or medical provider.
D. The limitation period established by subsection A of this section:
1. Is suspended during the time that any criminal investigation or prosecution is pending in connection with the act, omission or other allegation of misconduct.
2. Is suspended during the period of time in which a law enforcement officer who is involved in the investigation is incapacitated or otherwise unavailable.
3. May be suspended for a period prescribed in a written waiver of the limitation by the law enforcement officer.
4. May be suspended for emergencies or natural disasters during the time period in which the governor has declared a state of emergency within the jurisdictional boundaries of the concerned employer.
5. In a multijurisdictional investigation, may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved.
6. For any employer subject to supervision by a court-ordered monitor, the onetime extension provided in subsection A of this section shall be three hundred sixty days.
E. On an appeal of discipline by the employee, a hearing officer, administrative law judge or appeals board shall dismiss the discipline if it is determined that the employer did not make a good faith effort to complete the investigation within one hundred eighty calendar days or any extension. The allegation regarding any act, omission or other misconduct may be sustained, and the employee's record shall reflect that the allegation was sustained but no discipline was administered due to the finding of the hearing officer, administrative law judge or appeals board that the employer did not make a good faith effort to complete the investigation in one hundred eighty calendar days or any extension. The sustained discipline may be considered when determining discipline in any future sustained misconduct allegation. If the employer determines that disciplinary action is appropriate, the employer shall complete the employer's investigation and give notice in writing to the law enforcement officer of the employer's intent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable.
F. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.