House Study Bill 219 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON LYKAM)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to civil service for deputy county sheriffs by
  2    allowing a county to appeal certain decisions of the civil
  3    service commission.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2105HC 82
  6 eg/je/5

PAG LIN



  1  1    Section 1.  Section 341A.12, unnumbered paragraph 2, Code
  1  2 2007, is amended to read as follows:
  1  3    If the order of removal, suspension, or demotion is
  1  4 concurred in by a majority of the commission, the The county
  1  5 or the accused may appeal therefrom from the commission's
  1  6 finding and decision to the district court of the county where
  1  7 the accused resides.  Such appeal shall be taken by serving
  1  8 upon the commission within thirty days after the entry of its
  1  9 order finding and decision, a written notice of appeal,
  1 10 stating the grounds thereof, and demanding that a certified
  1 11 transcript of the record and of all papers on file in the
  1 12 office of the commission affecting or relating to its order
  1 13 finding and decision, be filed by the commission with the
  1 14 court.  The commission shall, within ten days after the filing
  1 15 of the notice make, certify, and file such transcript with the
  1 16 court.  The court shall proceed to hear and determine the
  1 17 appeal in a summary manner.  Such hearing shall be confined to
  1 18 the determination of whether the order of removal, suspension,
  1 19 or demotion made by finding and decision of the commission to
  1 20 affirm, modify, or revoke the order of the sheriff was made in
  1 21 good faith and for cause, and no appeal shall be taken except
  1 22 upon such grounds.  The decision of the district court may be
  1 23 appealed to the supreme court.
  1 24                           EXPLANATION
  1 25    Pursuant to Code section 341A.12, a civil service
  1 26 commission may affirm, modify, or revoke a sheriff's order of
  1 27 removal, suspension, or reduction in rank against an accused
  1 28 deputy sheriff.  The accused may appeal the finding and
  1 29 decision of the commission to the district court.  This bill
  1 30 allows a county to appeal a finding and decision of a
  1 31 commission to the district court.
  1 32 LSB 2105HC 82
  1 33 eg:sc/je/5