Senate File 2090
SENATE FILE
BY LAMBERTI
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the waiver of physical requirements for peace
2 officers and civil service employees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5758XS 80
5 jr/sh/8
PAG LIN
1 1 Section 1. Section 80B.11, subsection 5, Code Supplement
1 2 2003, is amended to read as follows:
1 3 5. Minimum standards of physical, educational and moral
1 4 fitness which shall govern the recruitment, selection, and
1 5 appointment of law enforcement officers. The council may
1 6 waive any physical requirement upon the request of the
1 7 employing department or agency on a showing of good cause.
1 8 The council shall waive any physical requirement for the
1 9 following:
1 10 a. The chief of a police department.
1 11 b. Any person functioning in an administrative capacity.
1 12 c. Any person who has, in the last two years, met the
1 13 physical requirements for the recruitment, selection, and
1 14 appointment of a law enforcement officer in another state.
1 15 Sec. 2. Section 400.17, Code 2003, is amended to read as
1 16 follows:
1 17 400.17 EMPLOYEES UNDER CIVIL SERVICE == QUALIFICATIONS.
1 18 Except as otherwise provided in section 400.7, a person
1 19 shall not be appointed, promoted, or employed in any capacity,
1 20 including a new classification, in the fire or police
1 21 department, or any department which is governed by the civil
1 22 service, until the person has passed a civil service
1 23 examination as provided in this chapter, and has been
1 24 certified to the city council as being eligible for the
1 25 appointment. However, in an emergency in which the peace and
1 26 order of the city is threatened by reason of fire, flood,
1 27 storm, or mob violence, making additional protection of life
1 28 and property necessary, the person having the appointing power
1 29 may deputize additional persons, without examination, to act
1 30 as peace officers until the emergency has passed. A person
1 31 may be appointed to a position subject to successfully
1 32 completing a civil service medical examination. A person
1 33 shall not be appointed or employed in any capacity in the fire
1 34 or police department if the person is unable to meet
1 35 reasonable physical condition training requirements and
2 1 reasonable level of experience requirements necessary for the
2 2 performance of the position unless those requirements are
2 3 specifically waived as provided in this section; if the person
2 4 is a habitual criminal; if the person is addicted to narcotics
2 5 or alcohol and has not been rehabilitated for a period of one
2 6 year or more, or is not presently undergoing treatment; or if
2 7 the person has attempted a deception or fraud in connection
2 8 with a civil service examination.
2 9 Except as otherwise provided in this section and section
2 10 400.7, a person shall not be appointed or employed in any
2 11 capacity in any department which is governed by civil service
2 12 if the person is unable to meet reasonable physical condition
2 13 training requirements and reasonable level of experience
2 14 requirements necessary for the performance of the position; if
2 15 the person is addicted to narcotics or alcohol and has not
2 16 been rehabilitated for a period of one year or more, or is not
2 17 presently undergoing treatment; or if the person has attempted
2 18 a deception or fraud in connection with a civil service
2 19 examination. A fire or police department, or any department
2 20 which is governed by the civil service, may waive the physical
2 21 condition training requirements for good cause.
2 22 Employees shall not be required to be a resident of the
2 23 city in which they are employed, but they shall become a
2 24 resident of the state at the time such appointment or
2 25 employment begins and shall remain a resident of the state
2 26 during employment. Cities may set reasonable maximum
2 27 distances outside of the corporate limits of the city that
2 28 police officers, fire fighters and other critical municipal
2 29 employees may live.
2 30 A person shall not be appointed, promoted, discharged, or
2 31 demoted to or from a civil service position or in any other
2 32 way favored or discriminated against in that position because
2 33 of political or religious opinions or affiliations, race,
2 34 national origin, sex, or age. However, the maximum age for a
2 35 police officer or fire fighter covered by this chapter and
3 1 employed for police duty or the duty of fighting fires is
3 2 sixty=five years of age.
3 3 EXPLANATION
3 4 This bill allows the Iowa law enforcement academy council
3 5 to waive its physical requirements for certification for good
3 6 cause, when requested by a department or agency. The bill
3 7 requires the council to grant such a waiver for the chief of a
3 8 police department, any person functioning in an administrative
3 9 capacity, or any person who has, in the last two years, met
3 10 the physical requirements for the recruitment, selection, and
3 11 appointment of a law enforcement officer in another state.
3 12 The bill also allows local departments to waive physical
3 13 condition training requirements for civil service employees
3 14 for good cause.
3 15 LSB 5758XS 80
3 16 jr/sh/8.1