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Text: HSB00041                          Text: HSB00043
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House Study Bill 42

Bill Text

PAG LIN
  1  1    Section 1.  Section 80.15, Code 1997, is amended to read as
  1  2 follows:
  1  3    80.15  EXAMINATION – OATH – PROBATION – DISCIPLINE –
  1  4 DISMISSAL.
  1  5    An applicant for membership in the department of public
  1  6 safety, except clerical workers and special agents appointed
  1  7 under section 80.7, shall not be appointed as a member until
  1  8 the applicant has passed a satisfactory physical and mental
  1  9 examination.  In addition, the applicant must be a citizen of
  1 10 the United States and be not less than twenty-two years of
  1 11 age.  The mental examination shall be conducted under the
  1 12 direction or supervision of the commissioner of public safety
  1 13 and may be oral or written or both.  Each applicant shall take
  1 14 an oath on becoming a member of the force, to uphold the laws
  1 15 and Constitution of the United States and of the state of
  1 16 Iowa.  During the period of twelve months after appointment,
  1 17 any member of the department of public safety, except members
  1 18 of the present Iowa highway safety patrol who have served more
  1 19 than six months, is subject to dismissal at the will of the
  1 20 commissioner.  After the twelve months' service, a member of
  1 21 the department, who was appointed after having passed the
  1 22 examinations, is not subject to dismissal, suspension,
  1 23 disciplinary demotion, or other disciplinary action resulting
  1 24 in the loss of pay unless charges have been filed with the
  1 25 department of inspections and appeals and a hearing held by
  1 26 the employment appeal board created by section 10A.601, if
  1 27 requested by the member, at which the member has an
  1 28 opportunity to present a defense to the charges.  The decision
  1 29 of the appeal board is final, subject to the right of judicial
  1 30 review in accordance with the terms of the Iowa administrative
  1 31 procedure Act.  However, these procedures as to dismissal,
  1 32 suspension, demotion, or other discipline do not apply to a
  1 33 member who is covered by a collective bargaining agreement
  1 34 which provides otherwise nor to the demotion of a division
  1 35 head to the rank which the division head held at the time of
  2  1 appointment as division head, if any.  A division head who is
  2  2 demoted has the right to return to the rank which the division
  2  3 head held at the time of appointment as division head, if any.
  2  4 All rules, except employment provisions negotiated pursuant to
  2  5 chapter 20, regarding the enlistment, appointment, and
  2  6 employment affecting the personnel of the department shall be
  2  7 established by the commissioner in consultation with the
  2  8 director of the department of personnel, subject to approval
  2  9 by the governor.  The rules adopted shall include standards of
  2 10 physical, mental, and moral fitness which shall govern the
  2 11 recruitment, selection, appointment, and retention of law
  2 12 enforcement officers of the department, which rules shall not
  2 13 be subject to negotiation pursuant to chapter 20.  
  2 14                           EXPLANATION
  2 15    This bill provides that the commissioner of public safety
  2 16 shall adopt rules relating to the standards of physical,
  2 17 mental, and moral fitness which shall govern the recruitment,
  2 18 selection, appointment, and retention of law enforcement
  2 19 officers of the department of public safety.  The bill
  2 20 provides that these standards shall not be subject to
  2 21 negotiation pursuant to collective bargaining under Code
  2 22 chapter 20.  
  2 23 LSB 1806HC 77
  2 24 ec/cf/24
     

Text: HSB00041                          Text: HSB00043
Text: HSB00000 - HSB00099               Text: HSB Index
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