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PAG LIN 1 1 Section 1. Section 400.1, Code 1997, is amended to read as 1 2 follows: 1 3 400.1 APPOINTMENT OF COMMISSION. 1 4 In cities having a population of eight thousand or over,1 5 and having a paid fire department or a paid police department, 1 6 the mayor, one year after each regular municipal election, 1 7 with the approval of the council, shall appoint three civil 1 8 service commissioners who shall hold office, one until the 1 9 first Monday in April of the second year, one until the first 1 10 Monday in April of thefourththird year, and one until the 1 11 first Monday in April of thesixthfourth year after such 1 12 appointment, whose successors shall be appointed for a term of 1 13sixfour years. In cities having a population of more than 1 14 one hundred thousand, the city council may establish, by 1 15 ordinance, the number of civil service commissioners at not 1 16 less than three. 1 17 For the purpose of determining the population of a city 1 18 under thissectionchapter, the federal census conducted in 1 19 1980 shall be used.This paragraph is void effective July 1,1 202001.1 21 Sec. 2. Section 400.4, unnumbered paragraph 1, Code 1997, 1 22 is amended to read as follows: 1 23 The commission shall elect a chairperson from among its 1 24 members. In cities having a population of more than seventy- 1 25 five thousand, the commission shall appoint a clerk of the 1 26 commission. In all other cities the city clerk or a designee 1 27 of the city clerk shall be clerk of the commission. If an 1 28 employee is appointed clerk of the commission who is employed 1 29 in a civil service status at the time of appointment as clerk 1 30 of the commission, the appointee shall retain the civil 1 31 service rights held before the appointment. However, this 1 32 section does not grant civil service status or rights to the 1 33 employee in the capacity of clerk of the commission nor extend 1 34 any civil service right upon which the appointee may retain 1 35 the position of clerk of the commission. 2 1 Sec. 3. Section 400.6, subsection 2, Code 1997, is amended 2 2 to read as follows: 2 3 2. The city clerk, chief deputy city clerk, city 2 4 attorneys, city treasurer, city assessor, city auditor, 2 5 professional cityengineerengineers licensed in this state, 2 6 and city health officer. 2 7 Sec. 4. Section 400.7, subsection 3, unnumbered paragraph 2 8 1, Code 1997, is amended to read as follows: 2 9 An employee who has not completed the required probationary 2 10 period but who otherwise meets therequirements of subsection2 111 or 2minimum qualifications established for the position or 2 12 who passes a qualifying noncompetitive examination for the 2 13 position shall receive full civil service rights in the 2 14 position upon the completion of the probationary period. 2 15 Sec. 5. Section 400.8, subsection 3, Code 1997, is amended 2 16 to read as follows: 2 17 3. All appointments to such positions shall be conditional 2 18 upon a probation period of not to exceed six months, and in 2 19 the case of police patrol officers, police dispatchers, and 2 20 fire fighters a probation period not to exceedtwelveeighteen 2 21 months. However, in cities with a population over one hundred 2 22 seventy-five thousand, appointments to the position of fire 2 23 fighter shall be conditional upon a probation period of not to 2 24 exceed twenty-four months. During the probation period, the 2 25 appointee may be removed or discharged from such position by 2 26 the appointing person or body without the right of appeal to 2 27 the commission. A person removed or discharged during a 2 28 probationary period shall, at the time of discharge, be given 2 29 a notice in writing stating the reason or reasons for the 2 30 dismissal. A copy of such notice shall be promptly filed with 2 31 the commission. Continuance in the position after the 2 32 expiration of such probationary period shall constitute a 2 33 permanent appointment. 2 34 Sec. 6. Section 400.9, subsection 3, Code 1997, is amended 2 35 to read as follows: 3 1 3. Vacancies in civil service promotional grades shall be 3 2 filled by lateral transfer, voluntary demotion, or promotion 3 3 of employees of the city to the extent that the city employees 3 4 qualify for the positions. When laterally transferred, 3 5 voluntarily demoted, or promoted, an employee shall hold full 3 6 civil service rights in the position. If an employee of the 3 7 city does not passone of two successivethe promotional 3 8examinationsexamination and otherwise qualify for a vacated 3 9 position, or if an employee of the city does not apply for a 3 10 vacated position, an entrance examination may be used to fill 3 11 the vacancy. 3 12 Sec. 7. Section 400.10, unnumbered paragraph 1, Code 1997, 3 13 is amended to read as follows: 3 14 In all examinations and appointments under this chapter, 3 15 other than promotions and appointments of chief of the police 3 16 department and chief of the fire department, honorably 3 17 discharged veterans from the military or naval forces of the 3 18 United States in any war in which the United States has been 3 19 engaged, including the Korean Conflict at any time between 3 20 June 25, 1950, and January 31, 1955, both dates inclusive, the 3 21 Vietnam Conflict beginning August 5, 1964, and ending May 7, 3 22 1975, both dates inclusive, and the Persian Gulf Conflict 3 23 beginning August 2, 1990, and endingon the date specified by3 24the president or the Congress of the United States as the date3 25of permanent cessation of hostilitiesJanuary 1, 1997, both 3 26 dates inclusive, and who are citizens and residents of this 3 27 state, shall have five points added to the veteran's grade or 3 28 score attained in qualifying examinations for appointment to 3 29 positions and five additional points added to the grade or 3 30 score if the veteran has a service-connected disability or is 3 31 receiving compensation, disability benefits or pension under 3 32 laws administered by the veterans administration. However, if 3 33 the Congress of the United States enacts a different date 3 34different from August 2, 1990,as the beginning date or the 3 35 ending date of the Persian Gulf Conflict to determine the 4 1 eligibility of a veteran for military benefits as a veteran of 4 2 the Persian Gulf Conflict, thedatedates enacted by the 4 3 Congress of the United States shall be substituted forAugust4 42, 1990the Persian Gulf Conflict dates specified in this 4 5 paragraph. An honorably discharged veteran who has been 4 6 awarded the Purple Heart for disabilities incurred in action 4 7 shall be considered to have a service-connected disability. 4 8 However, the points shall be given only upon passing the exam 4 9 and shall not be the determining factor in passing. 4 10 Sec. 8. Section 400.11, unnumbered paragraphs 1 and 2, 4 11 Code 1997, are amended to read as follows: 4 12 The commission, withinninetyone hundred eighty days after 4 13 the beginning of each competitive examination for original 4 14 appointmentor for promotion, shall certify to the city 4 15 council a list of the names ofthe tenforty persons, or a 4 16 lesser number as determined by the commission, who qualify 4 17 with the highest standing as a result of each examination for 4 18 the position they seek to fill, or the number which have 4 19 qualified if less thantenforty, in the order of their 4 20 standing, and all newly created offices or other vacancies in 4 21 positions under civil service which occur before the beginning 4 22 of the next examination for the positions shall be filled from 4 23 the lists, or from the preferred list existing as provided for 4 24 in case of diminution of employees, within thirty days. If a 4 25 tie occurs in the examination scores which would qualify 4 26 persons for thetenthlast position on the list, the list of 4 27 the names of the persons who qualify with the highest standing 4 28 as a result of each examination shall include all persons who 4 29 qualify for thetenthlast position. Preference for temporary 4 30 service in civil service positions shall be given those on the 4 31 lists. However, the commission may certify a list of names 4 32 eligible for appointment subject to successfully completing a 4 33 medical examination. The medical examination shall be 4 34 provided pursuant to commission rules adopted under section 4 35 400.8. 5 1 The commission may hold in reserve, for original 5 2 appointmentsand for promotions, additional lists often5 3 forty persons, each next highest in standing, in order of 5 4 their grade, or such number as may qualify if less thanten5 5 forty. If the list oftenup to forty persons provided in the 5 6 first paragraph is exhausted within one year, the commission 5 7 may certify such additional lists oftenup to forty persons 5 8 each, in order of their standing, to the council as eligible 5 9 for appointment to fill such vacancies as may exist.However,5 10for original appointments only, no more than four lists of ten5 11persons each shall be certified for each one-year period of5 12eligibility.5 13 Sec. 9. Section 400.11, unnumbered paragraph 3, Code 1997, 5 14 is amended by striking the unnumbered paragraph and inserting 5 15 in lieu thereof the following: 5 16 The commission, within ninety days after the beginning of 5 17 each competitive examination for promotion, shall certify to 5 18 the city council a list of names of the ten persons who 5 19 qualify with the highest standing as a result of each 5 20 examination for the position the persons seek to fill, or the 5 21 number which have qualified if less than ten, in the order of 5 22 their standing and all newly created offices or other 5 23 vacancies in positions under civil service which occur before 5 24 the beginning of the next examination for the positions shall 5 25 be filled from the lists, or from the preferred list existing 5 26 as provided for in the case of diminution of employees, within 5 27 thirty days. If a tie occurs in the examination scores which 5 28 would qualify persons for the tenth position on the list, the 5 29 list of names of the persons who qualify with the highest 5 30 standing as a result of each examination shall include all 5 31 persons who qualify for the tenth position. 5 32 Sec. 10. Section 400.15, unnumbered paragraph 3, Code 5 33 1997, is amended to read as follows: 5 34 All such appointments or promotions shall promptly be 5 35 reported to the clerk of the commission by the appointing 6 1 officer. An appointing authority may transfer an employee, 6 2 other than police officers and fire fighters, with the6 3employee's consent without coercion,from one department to 6 4 the same civil service classification in another department, 6 5 and such employee shall retain the same civil service status. 6 6 Sec. 11. EFFECTIVE DATE AND TRANSITION PROVISIONS. 6 7 Section 1 of this Act takes effect January 1, 1998. All city 6 8 civil service commissioners serving unexpired terms of office 6 9 on January 1, 1998, may continue to serve their unexpired 6 10 terms of office until April 6, 1998, when their terms of 6 11 office shall expire. Their successors shall be appointed or 6 12 reappointed by the mayor with approval of the city council to 6 13 initial terms of office as provided in section 1 of this Act 6 14 and thereafter to four-year terms. 6 15 EXPLANATION 6 16 This bill provides for a number of amendments to chapter 6 17 400, which relates to city civil service. 6 18 Code section 400.1 is amended to reduce the term of office 6 19 for city civil service commissioners from six years to four 6 20 years. The amendment also freezes the populations of cities 6 21 at the level ascertained by the 1980 census as the populations 6 22 relate to city civil service applicability in Code chapter 6 23 400. 6 24 Code section 400.4 is amended to allow city clerks to 6 25 select designees to serve as clerks to the civil service 6 26 commissions in cities of 75,000 population or fewer. 6 27 Code section 400.6 is amended to exempt professional city 6 28 engineers licensed in this state from civil service coverage. 6 29 Code section 400.7 is amended to provide that an employee 6 30 who has not completed the required probationary period but who 6 31 otherwise meets the minimum qualifications established for the 6 32 position or who passes a qualifying noncompetitive examination 6 33 for the position shall receive full civil service rights upon 6 34 completion of the probationary period. 6 35 Code section 400.8 is amended to increase the maximum 7 1 probationary period for police patrol officers, police 7 2 dispatchers, and fire fighters from 12 months to 18 months. 7 3 Code section 400.9 is amended to eliminate the requirement 7 4 of holding two successive examinations to find qualifying 7 5 applicants for promotions. 7 6 Code section 400.10 is amended to provide an ending date 7 7 for the Persian Gulf Conflict of January 1, 1997. The date 7 8 will change if the U.S. Congress enacts another ending date. 7 9 Code section 400.11 is amended to increase from 90 days to 7 10 180 days the amount of time for a civil service commission to 7 11 conduct background checks on potential employees. The 7 12 amendment also increases the number of names on two lists for 7 13 original appointments from 10 to 40, or a lesser number 7 14 determined by the commission. This increase will allow a pool 7 15 of up to 80 persons from which to choose appointees. The 7 16 amendment also provides a 90-day period for investigation of 7 17 promotion applicants and provides for a list of up to 10 7 18 applicants in order of standing, plus all persons tied for the 7 19 tenth position. 7 20 Code section 400.15 is amended to eliminate the requirement 7 21 that an employee must give consent to be transferred to 7 22 another department at the same civil service classification. 7 23 This change does not apply to police officers or fire 7 24 fighters. 7 25 The bill also provides a delayed effective date for the 7 26 amendment of Code section 400.1 to January 1, 1998, to provide 7 27 for a transition to new four-year terms of office for civil 7 28 service commissioners. 7 29 LSB 1690SS 77 7 30 tj/jw/5
Text: SF00257 Text: SF00259 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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