House
File
641
H-1235
Amend
House
File
641
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
364.3,
Code
2025,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
20.
A
city
with
a
civil
service
commission
6
established
under
chapter
400
shall
not
adopt,
enforce,
or
7
otherwise
administer
an
ordinance,
motion,
resolution,
or
8
amendment,
or
use
any
other
means,
to
establish
a
board
or
9
other
entity
for
the
purpose
of
citizen
review
of
the
conduct
10
of
officers
as
defined
under
section
80F.1,
subsection
1,
11
paragraph
“f”
.
12
Sec.
2.
Section
400.1,
subsection
1,
Code
2025,
is
amended
13
to
read
as
follows:
14
1.
In
cities
having
a
population
of
eight
thousand
or
over
15
and
having
a
paid
fire
department
or
a
paid
police
department,
16
the
mayor,
one
year
after
a
regular
city
election,
with
the
17
approval
of
the
council,
shall
appoint
three
civil
service
18
commissioners.
The
mayor
shall
publish
notice
of
the
names
19
of
persons
selected
for
appointment
no
less
than
thirty
days
20
prior
to
a
vote
by
the
city
council.
Commissioners
shall
hold
21
office,
one
until
the
first
Monday
in
April
of
the
second
year,
22
one
until
the
first
Monday
in
April
of
the
third
year,
and
one
23
until
the
first
Monday
in
April
of
the
fourth
year
after
such
24
appointment,
whose
successors
shall
be
appointed
for
a
term
25
of
four
years.
In
cities
having
a
population
of
more
than
26
seventy
fifty
thousand,
the
city
council
may
shall
establish,
27
by
ordinance,
the
number
of
civil
service
commissioners
at
not
28
less
than
three
five
but
not
more
than
seven
.
29
Sec.
3.
Section
400.12A,
subsection
3,
Code
2025,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
c.
This
section
shall
not
be
construed
32
to
change
the
maximum
number
of
persons
on
the
hiring
list
33
referenced
in
section
400.11,
subsection
1,
paragraph
“a”
,
for
a
34
position
to
be
filled
to
be
greater
than
forty.
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#1.
Sec.
4.
Section
400.18,
subsections
1
and
3,
Code
2025,
are
1
amended
to
read
as
follows:
2
1.
A
person
holding
civil
service
rights
as
provided
in
3
this
chapter
shall
not
only
be
removed,
discharged,
demoted,
4
or
suspended
arbitrarily,
but
may
be
removed,
discharged,
5
demoted,
or
suspended
due
to
any
act
or
failure
to
act
by
6
with
just
cause
and
upon
a
finding
by
a
preponderance
of
the
7
evidence
that
an
act
or
failure
to
act
by
the
employee
that
is
8
in
contravention
violation
of
law,
city
policies,
or
standard
9
operating
procedures,
or
that
in
the
judgment
of
the
person
10
having
the
appointing
power
as
provided
in
this
chapter
,
or
the
11
chief
of
police
or
chief
of
the
fire
department,
is
sufficient
12
to
show
that
the
employee
is
unsuitable
or
unfit
for
employment
13
rules,
or
that
the
employee
is
physically
or
mentally
unfit
as
14
determined
under
guidelines
established
pursuant
to
section
15
400.8A
.
This
subsection
shall
not
be
construed
to
modify
the
16
rights,
requirements,
or
procedures
provided
in
section
400.8A
17
or
other
rights,
requirements,
or
procedures
provided
by
law.
18
3.
The
city
shall
have
the
burden
to
prove
that
the
act
or
19
failure
to
act
by
the
employee
was
in
contravention
violation
20
of
law,
city
policies,
or
standard
operating
procedures,
or
is
21
sufficient
to
show
that
the
employee
is
unsuitable
or
unfit
for
22
employment
department
rules
not
in
conflict
with
any
collective
23
bargaining
agreement
or
law
.
For
purposes
of
this
chapter,
24
the
city
shall
establish
each
element
of
the
charges
specified
25
under
section
400.22
by
a
preponderance
of
the
evidence.
The
26
city
shall
have
the
burden
to
prove
that
the
punishment
imposed
27
upon
the
employee
is
proportionate,
reasonable,
and
just
in
the
28
totality
of
the
circumstances
under
the
factors
provided
in
29
section
400.27,
subsection
1,
paragraph
“b”
.
30
Sec.
5.
Section
400.19,
Code
2025,
is
amended
to
read
as
31
follows:
32
400.19
Removal
Peremptory
removal
,
discharge,
demotion,
or
33
suspension
of
subordinates.
34
The
person
having
the
appointing
power
as
provided
in
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this
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this
chapter
,
or
the
chief
of
police
or
chief
of
the
fire
1
department,
may,
upon
presentation
of
reasonable
and
just
2
grounds
for
such
action
to
the
subordinate
in
writing,
3
peremptorily
remove,
discharge,
demote,
or
suspend
a
4
subordinate
then
under
the
person’s
or
chief’s
direction
5
due
to
any
act
or
failure
to
act
by
the
employee
that
is
in
6
contravention
violation
of
law,
city
policies,
or
standard
7
operating
procedures,
or
that
in
the
judgment
of
the
person
or
8
chief
department
rules,
and
is
sufficient
deemed
reasonably
9
anticipated
to
be
detrimental
to
show
that
the
employee
is
10
unsuitable
or
unfit
for
employment
public
.
This
section
11
shall
not
be
construed
to
modify
the
rights,
requirements,
12
or
procedures
provided
in
section
400.8A
or
other
rights,
13
requirements,
or
procedures
provided
by
law.
14
Sec.
6.
NEW
SECTION
.
400.22A
Exculpatory
evidence.
15
A
person
shall
not
knowingly
withhold
exculpatory
evidence
16
from
an
employee
subject
to
a
written
specification
of
charges
17
filed
under
section
400.22.
18
Sec.
7.
Section
400.23,
Code
2025,
is
amended
to
read
as
19
follows:
20
400.23
Time
and
place
of
hearing.
21
Within
ten
days
after
such
specifications
are
filed,
the
22
commission
shall
fix
the
time
for
a
hearing
,
which
shall
be
not
23
less
than
five
nor
more
than
twenty
days
thereafter,
and
the
24
place
for
hearing
the
appeal
and
.
The
commission
shall
notify
25
the
parties
in
writing
of
the
time
and
place
so
fixed,
and
the
26
notice
shall
contain
a
copy
of
the
specifications
so
filed.
27
Hearings
under
this
section
shall
be
held
during
normal
city
28
business
hours
unless
otherwise
agreed
to
by
the
parties
and
29
the
commission.
The
commission
in
its
discretion
may
grant
a
30
continuance
or
stay
of
a
hearing
upon
request.
31
Sec.
8.
Section
400.24,
Code
2025,
is
amended
to
read
as
32
follows:
33
400.24
Oaths
——
books
and
papers
——
procedures
.
34
1.
The
presiding
officer
of
the
commission
or
the
council,
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this
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as
the
case
may
be,
shall
have
power
to
administer
oaths
in
the
1
same
manner
and
with
like
effect
and
under
the
same
penalties
2
as
in
the
case
of
magistrates
exercising
criminal
or
civil
3
jurisdiction.
4
2.
The
council
or
commission
shall
cause
subpoenas
to
be
5
issued
for
such
witnesses
and
the
production
of
such
books
and
6
papers
as
either
party
may
designate.
Issuance
of
subpoenas
7
shall
be
consistent
with
the
Iowa
rules
of
civil
procedure.
8
The
subpoenas
shall
be
signed
by
the
chairperson
of
the
9
commission
or
mayor,
as
the
case
may
be
,
or
by
an
attorney
10
representing
a
party
before
the
commission
.
The
council
or
11
commission
shall
provide
a
copy
of
each
subpoena
to
both
12
parties
upon
issuance.
A
party,
or
an
attorney
representing
13
a
party,
shall
provide
copies
of
any
material
produced
in
14
response
to
a
subpoena
to
the
opposing
party
upon
receipt
of
15
such
material.
16
3.
Those
employees
who
are
defined
as
an
“officer”
under
17
section
80F.1,
subsection
1,
paragraph
“f”
,
shall
have
the
18
right
to
request
documents,
records,
and
any
other
evidence
19
in
the
possession
of
the
appointing
authority
relevant
to
the
20
determination
of
cause
and
proportionality
of
discipline
not
21
otherwise
in
violation
of
chapter
80F.
22
Sec.
9.
Section
400.26,
Code
2025,
is
amended
to
read
as
23
follows:
24
400.26
Public
trial.
25
The
trial
of
all
appeals
shall
be
public,
and
the
parties
26
may
be
represented
by
counsel
or
by
the
parties’
authorized
27
collective
bargaining
representative.
However,
upon
the
28
request
of
the
employee,
the
deliberations
of
the
commission
29
in
a
city
with
a
population
of
less
than
two
hundred
thousand
30
shall
be
held
in
closed
session.
31
Sec.
10.
Section
400.27,
subsections
1,
2,
and
3,
Code
2025,
32
are
amended
to
read
as
follows:
33
1.
a.
The
civil
service
commission
has
jurisdiction
to
hear
34
and
determine
matters
involving
the
rights
of
civil
service
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employees
under
this
chapter
,
and
may
affirm,
modify,
or
1
reverse
any
case
on
its
merits.
2
b.
If
the
commission
determines
that
the
city
proved
the
3
employee
committed
the
charge
as
specified,
the
commission
4
shall
determine
whether
the
removal,
discharge,
demotion,
or
5
suspension
of
the
employee
was
with
just
cause
based
upon
6
the
totality
of
the
circumstances.
For
the
purposes
of
this
7
subsection,
the
commission
shall
consider
factors
including
8
the
nature
of
the
conduct
at
issue
in
the
circumstances,
the
9
proportionality
of
the
punishment
to
the
conduct
at
issue,
10
the
employee’s
work
history,
whether
the
employee
reasonably
11
could
comply
with
the
policy
or
rule
in
the
circumstances
and
12
whether
the
employee’s
conduct
was
objectively
reasonable
in
13
the
circumstances,
the
employee’s
defenses
or
justifications,
14
any
mitigating
or
aggravating
factors,
whether
the
punishment
15
is
reasonably
calculated
to
correct
the
employee’s
behavior
or
16
conduct,
if
the
punishment
is
necessary
to
protect
the
public
17
interest,
whether
the
city,
its
employees,
or
the
appointing
18
authority
acted
in
accordance
with
the
law,
city
policies,
19
department
rules,
or
standard
operating
procedures,
or
if
the
20
policy
failed
in
the
circumstances.
The
commission
shall
only
21
consider,
order,
or
impose
discipline
upon
the
employee
for
22
charges
proven
by
the
city.
23
c.
The
commission
shall
reverse
the
city’s
decision
and
24
dismiss
a
specific
charge
with
prejudice
if
the
city
fails
to
25
meet
its
burden
of
proof
as
to
that
charge.
26
d.
The
final
decision
of
the
commission
shall
be
based
upon
27
a
majority
vote
of
the
commission,
shall
be
made
in
writing,
28
and
shall
include
findings
of
fact
and
conclusions
relied
upon,
29
and
reasoning
or
rationale
for
the
decision,
separately
stated.
30
The
commission
shall
render
and
serve
its
final
decision
upon
31
the
parties
by
certified
mail
within
thirty
days
of
the
close
32
of
the
record
or
trial
unless
the
parties
consent
to
a
later
33
date
in
writing
or
on
the
record.
The
final
decision
may
be
34
served
upon
an
employee
by
electronic
mail
with
the
consent
of
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the
employee.
1
2.
a.
The
Except
as
otherwise
provided
in
this
section,
2
the
city
attorney
or
solicitor
shall
be
the
attorney
for
the
3
commission
or
when
requested
by
the
commission
shall
present
4
matters
concerning
civil
service
employees
to
the
commission,
5
except
the
commission
may
hire
a
counselor
or
an
attorney
6
on
a
per
diem
basis
to
represent
it
when
in
the
opinion
of
7
the
commission
there
is
a
conflict
of
interest
between
the
8
commission
and
the
city
council.
The
counselor
or
attorney
9
hired
by
the
commission
shall
not
be
the
city
attorney
or
10
solicitor.
The
city
shall
pay
the
costs
incurred
by
the
11
commission
in
employing
an
attorney
under
this
section
.
12
b.
Upon
the
filing
of
a
notice
of
appeal
pursuant
to
section
13
400.21,
a
city
attorney,
assistant
city
attorney,
or
solicitor
14
who
represents
or
has
represented
the
commission
shall
not
15
represent
the
city
or
its
officers
or
employees
in
an
appeal
16
pending
before
the
commission
unless
the
employee
waives
the
17
conflict
of
interest
in
writing
or
on
the
record.
If
the
18
commission
is
required
to
hire
a
counselor
or
attorney
that
19
is
not
a
city
attorney,
assistant
city
attorney,
or
solicitor
20
as
provided
in
this
subsection,
the
city
shall
pay
the
costs
21
incurred
by
the
commission
in
employing
a
counselor
or
attorney
22
under
this
section,
and
the
commission
shall
independently
seek
23
and
retain
such
an
attorney.
24
c.
A
counselor
or
attorney
who
represents
the
commission
25
in
an
appeal
before
the
commission
shall
be
fair
and
impartial
26
toward
the
parties.
The
counselor
or
attorney
representing
the
27
commission
may
provide
advice
and
counsel
to
the
commission
28
on
matters
before
it
and
assist
the
commission
with
its
29
proceedings
and
trial
as
may
be
necessary
or
requested.
30
3.
The
city
or
any
civil
service
employee
shall
have
a
31
right
to
appeal
to
the
district
court
from
the
final
ruling
or
32
decision
of
the
civil
service
commission.
The
appeal
shall
be
33
taken
within
thirty
days
from
the
filing
service
of
the
formal
34
decision
of
the
commission.
The
district
court
of
the
county
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in
which
the
city
is
located
shall
have
full
jurisdiction
1
of
the
appeal.
The
scope
of
review
for
the
appeal
shall
be
2
limited
to
a
trial
de
novo
appellate
review
without
a
trial
or
3
additional
evidence
.
4
Sec.
11.
Section
400.27,
Code
2025,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
2A.
The
commission
shall
provide
for
the
7
production
of
evidence
and
exchange
of
exhibits
in
advance
of
8
trial.
The
city
shall
mark
its
exhibits
with
numbers.
The
9
employee
shall
mark
its
exhibits
with
letters.
10
NEW
SUBSECTION
.
6.
In
addition
to
any
other
remedies
11
and
relief,
upon
application,
the
district
court
may
award
12
reasonable
attorney
fees,
expert
fees,
and
costs
to
those
13
employees
who
are
defined
as
an
“officer”
under
section
80F.1,
14
subsection
1,
paragraph
“f”
,
and
only
when
such
employee
meets
15
any
of
the
following
criteria:
16
a.
The
employee
is
fully
reinstated
from
a
termination
17
without
discipline
imposed.
18
b.
The
employee’s
suspension
has
been
reduced
by
over
fifty
19
percent.
20
c.
The
employee’s
demotion
was
reversed.
21
Sec.
12.
EFFECTIVE
DATE.
This
Act
takes
effect
August
16,
22
2025.
>
23
______________________________
WENGRYN
of
Decatur
-7-
HF
641.1576
(1)
91
(amending
this
HF
641
to
CONFORM
to
SF
311)
jh/js
7/
7