Text: SF02163 Text: SF02165 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.756, subsection 62, Code 2001, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 341A.16, Code 2001, is amended to read as 1 4 follows: 1 5 341A.16 CIVIL SUITS. 1 6 The commission shall initiate and conduct all civil suits 1 7 necessary for the proper enforcement of this chapter and the 1 8 rules of the commission. The commission shall be represented 1 9 in such suits bythe county attorneyan attorney hired by the 1 10 commission on a per diem basis to represent it. In the case 1 11 of the combined counties,any one or more of the countyan 1 12 attorney or attorneysof such combined counties mayshall be 1 13 selected and hired on a per diem basis by the commission to 1 14 represent it. The attorney hired by the commission shall not 1 15 be the county attorney or any attorney who is an employee of 1 16 the county. 1 17 Sec. 3. Section 400.27, unnumbered paragraph 2, Code 2001, 1 18 is amended to read as follows: 1 19 Thecity attorney or solicitor shall be the attorney for1 20the commission or when requested by the commission shall1 21present matters concerning civil service employees to the1 22commission, except thecommissionmayshall hire a counselor 1 23 or an attorney on a per diem basis to be the attorney for the 1 24 commission and to represent itwhen in the opinion of the1 25commission there is a conflict of interest between thein 1 26 matters brought before the commissionand the city council1 27 concerning civil service employees. The counselor or attorney 1 28 hired by the commission shall not be the city attorney or 1 29 solicitor or any attorney who is an employee of the city. The 1 30 city shall pay the costs incurred by the commission in 1 31 employing an attorney under this section. 1 32 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 33 3, shall not apply to this Act. 1 34 EXPLANATION 1 35 This bill provides that a city or county civil service 2 1 commission must employ legal counsel on a per diem basis to be 2 2 the attorney for the commission and to represent the 2 3 commission in matters brought before the commission concerning 2 4 civil service employees. The bill provides that a city or 2 5 county civil service commission can no longer be represented 2 6 by the city attorney or solicitor or any attorney who is an 2 7 employee of the city or by the county attorney or any attorney 2 8 who is an employee of the county respectively. 2 9 The bill may include a state mandate as defined in Code 2 10 section 25B.3. The bill makes inapplicable Code section 2 11 25B.2, subsection 3, which would relieve a political 2 12 subdivision from complying with a state mandate if funding for 2 13 the cost of the state mandate is not provided or specified. 2 14 Therefore, political subdivisions are required to comply with 2 15 any state mandate included in the bill. 2 16 LSB 5926SS 79 2 17 av/sh/8
Text: SF02163 Text: SF02165 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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