Text: SF00052 Text: SF00054 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.756, subsection 62, Code 2003, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 341A.2, Code 2003, is amended by adding 1 4 the following new unnumbered paragraph: 1 5 NEW UNNUMBERED PARAGRAPH. Civil service commissioners 1 6 shall not have an interest, direct or indirect, in any 1 7 contract or job of work or material or the profits thereof or 1 8 services to be furnished or performed for the county in which 1 9 they are commissioners, notwithstanding section 331.342. A 1 10 violation of this conflict of interest provision is a simple 1 11 misdemeanor. For purposes of this section, "contract" means 1 12 any claim, account, or demand against or agreement with the 1 13 county in which the commissioner serves, express or implied. 1 14 Sec. 3. Section 341A.12, unnumbered paragraph 1, Code 1 15 2003, is amended to read as follows: 1 16NoA person in the classified civil service who has been 1 17 permanently appointed or inducted into civil service under 1 18 provisions of this chapter shall not be removed, suspended, or 1 19 demoted except for cause, and only upon written accusation of 1 20 the county sheriff, which shall be served upon the accused, 1 21 and a duplicate filed with the commission. Any person so 1 22 removed, suspended, or reduced in rank or grade may, within 1 23 ten days after presentation to the person of the order of 1 24 removal, suspension, or reduction, appeal to the commission 1 25 from such order. The commission shall, within two weeks from 1 26 the filing ofsuchthe appeal, hold a hearing thereon, and 1 27 fully hear and determine the matter, and either affirm, 1 28 modify, or revokesuchthe order. The appellant shall be 1 29 entitled to appeal personally, produce evidence, andto have1 30 be represented by counsel or other duly authorized agent. The 1 31 finding and decision of the commission shall be certified to 1 32 the sheriff, and shall be enforced and followed by the 1 33 sheriff, but under no condition shall the employee who has 1 34 appealed to the commission be permanently removed, suspended, 1 35 or reduced in rank untilsuchthe finding and decision of the 2 1 commission is certified to the sheriff pursuant to the rules 2 2 of civil procedure. 2 3 Sec. 4. Section 341A.16, Code 2003, is amended to read as 2 4 follows: 2 5 341A.16 CIVIL SUITS. 2 6 The commission shall initiate and conduct all civil suits 2 7 necessary for the proper enforcement of this chapter and the 2 8 rules of the commission. The commission shall be represented 2 9 in such suits bythe county attorneyan attorney hired by the 2 10 commission on a per diem basis to represent it. In the case 2 11 of the combined counties,any one or more of the countyan 2 12 attorney or attorneysof such combined counties mayshall be 2 13 selected and hired on a per diem basis by the commission to 2 14 represent it. The attorney hired by the commission shall not 2 15 be the county attorney or any attorney who is an employee of 2 16 the county. 2 17 Sec. 5. Section 400.2, unnumbered paragraph 2, Code 2003, 2 18 is amended to read as follows: 2 19 Civil service commissioners shall notsell to, or in any2 20manner become parties, directly, tohave an interest, direct 2 21 or indirect, in any contractto furnish supplies, material, or2 22labor toor job of work or material or the profits thereof or 2 23 services to be furnished or performed for the city in which 2 24 they are commissionersexcept as provided in, notwithstanding 2 25 section 362.5. A violation of this conflict of interest 2 26 provision is a simple misdemeanor. For purposes of this 2 27 section, "contract" means any claim, account, or demand 2 28 against or agreement with the city in which the commissioner 2 29 serves. 2 30 Sec. 6. Section 400.26, Code 2003, is amended to read as 2 31 follows: 2 32 400.26 PUBLIC TRIAL. 2 33 The trial of all appeals shall be public, and the parties 2 34 may be represented by counsel or other duly authorized agent. 2 35 Sec. 7. Section 400.27, unnumbered paragraph 2, Code 2003, 3 1 is amended to read as follows: 3 2 Thecity attorney or solicitor shall be the attorney for3 3the commission or when requested by the commission shall3 4present matters concerning civil service employees to the3 5commission, except thecommissionmayshall hire a counselor 3 6 or an attorney on a per diem basis to be the attorney for the 3 7 commission and to represent itwhen in the opinion of the3 8commission there is a conflict of interest between thein 3 9 matters brought before the commissionand the city council3 10 concerning civil service employees. The counselor or attorney 3 11 hired by the commission shall not be the city attorney or 3 12 solicitor or any attorney who is an employee of the city. The 3 13 city shall pay the costs incurred by the commission in 3 14 employing an attorney under this section. 3 15 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 16 3, shall not apply to this Act. 3 17 EXPLANATION 3 18 This bill provides that a city or county civil service 3 19 commissioner is prohibited from having an interest, direct or 3 20 indirect, in any contract or job of work or material or the 3 21 profits thereof or services to be furnished for the city or 3 22 county in which the person is a commissioner. The bill 3 23 defines a "contract" as any claim, account, or demand against 3 24 or agreement with the city or county in which the commissioner 3 25 serves, express or implied. The bill provides that the 3 26 exceptions to the prohibition contained in Code section 3 27 331.342 do not apply to county civil service commissioners and 3 28 that the exceptions to this prohibition contained in Code 3 29 section 362.5 do not apply to city civil service 3 30 commissioners. A violation of the conflicts of interest 3 31 prohibition by a city or county civil service commissioner is 3 32 a simple misdemeanor. A simple misdemeanor is punishable by 3 33 confinement for no more than 30 days or a fine of at least $50 3 34 but not more than $500, or by both. 3 35 The bill provides that a city or county employee who files 4 1 an appeal to a city or county civil service commission is 4 2 entitled to be represented by a duly authorized agent or by 4 3 legal counsel. Currently, such employees are only entitled to 4 4 be represented by legal counsel. 4 5 The bill provides that a city or county civil service 4 6 commission must employ legal counsel on a per diem basis to be 4 7 the attorney for the commission and to represent the 4 8 commission in matters brought before the commission concerning 4 9 civil service employees. The bill provides that a city or 4 10 county civil service commission can no longer be represented 4 11 by the city attorney or solicitor or any attorney who is an 4 12 employee of the city or by the county attorney or any attorney 4 13 who is an employee of the county respectively. 4 14 The bill may include a state mandate as defined in Code 4 15 section 25B.3. The bill makes inapplicable Code section 4 16 25B.2, subsection 3, which would relieve a political 4 17 subdivision from complying with a state mandate if funding for 4 18 the cost of the state mandate is not provided or specified. 4 19 Therefore, political subdivisions are required to comply with 4 20 any state mandate included in the bill. 4 21 LSB 1825SS 80 4 22 av/sh/8
Text: SF00052 Text: SF00054 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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