Text: HSB00041 Text: HSB00043 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 Bills and Amendments: General Index Bill History: General Index
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