House File 420 - Enrolled




                                             HOUSE FILE 420

                             AN ACT
 CONCERNING CIVIL SERVICE COMMISSIONS, DISCIPLINARY PROCEDURES,
    AND RESIDENCY REQUIREMENTS FOR CIVIL SERVICE EMPLOYEES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 400.1, subsection 1, Code 2009, is
 amended to read as follows:
    1.  In cities having a population of eight thousand or over
 and having a paid fire department or a paid police department,
 the mayor, one year after a regular city election, with the
 approval of the council, shall appoint three civil service
 commissioners who.  The mayor shall publish notice of the
 names of persons selected for appointment no less than thirty
 days prior to a vote by the city council.  Commissioners shall
 hold office, one until the first Monday in April of the second
 year, one until the first Monday in April of the third year,
 and one until the first Monday in April of the fourth year
 after such appointment, whose successors shall be appointed
 for a term of four years.  In cities having a population of
 more than seventy thousand, the city council may establish, by
 ordinance, the number of civil service commissioners at not
 less than three.
    Sec. 2.  Section 400.2, Code 2009, is amended to read as
 follows:
    400.2  QUALIFICATIONS == CONFLICT OF INTEREST PROHIBITED
 CONTRACTS.
    1.  The commissioners must be citizens of Iowa, eligible
 electors as defined in chapter 39, and residents of the city
 preceding their appointment, and shall serve without
 compensation.  A person, while on the commission, shall not
 hold or be a candidate for any office of public trust.
 However, when a human rights commission has been established
 by a city, the director of the commission shall ex officio be
 a member, without vote, of the civil service commission.
    2.  Civil service commissioners, with respect to the city
 in which they are commissioners, shall not do any of the
 following:
    a.  sell Sell to, or in any manner become parties, directly
 or indirectly, to any contract to furnish supplies, material,
 or labor to the city in which they are commissioners except as
 provided in section 362.5.
    b.  Have an interest, direct or indirect, in any contract
 or job of work or material or the profits thereof or services
 to be furnished or performed for the city.
    3.  A contract entered into in violation of subsection 2 is
 void.
    4.  A violation of this conflict of interest provision the
 provisions contained in subsection 2 is a simple misdemeanor.
    Sec. 3.  Section 400.9, subsection 2, Code 2009, is amended
 to read as follows:
    2.  The commission shall establish guidelines for
 conducting the examinations under subsection 1.  It may
 prepare and administer the examinations or may hire persons
 with expertise to do so if the commission approves the
 examinations and if the examinations apply to the position in
 the city for which the applicant is taking the examination.
 It may also hire persons with expertise to consult in the
 preparation of such examinations if the persons so hired are
 employed to aid personnel of the commission in assuring that a
 fair examination is conducted.  A fair examination shall
 explore the competence of the applicant in the particular
 field of examination.  The names of persons approved to
 administer any examination under this section shall be posted
 in the city hall at least twenty=four hours prior to the
 examination.
    Sec. 4.  Section 400.11, unnumbered paragraph 5, Code 2009,
 is amended to read as follows:
    When there is no such preferred list or certified eligible
 list, or when the eligible list shall be exhausted, the person
 or body having the appointing power may temporarily fill a
 newly created office or other vacancy only until an
 examination can be held and the names of qualified persons be
 certified by the commission, and such temporary appointments
 are hereby limited to ninety days for any one person in the
 same vacancy, but such limitation shall not apply to persons
 temporarily acting in positions regularly held by another.  A
 temporary appointment to a position regularly held by another
 shall, whenever possible, be made according to the certified
 eligible list.  Any person temporarily filling a vacancy in a
 position of higher grade for twenty days or more, shall
 receive the salary paid in such higher grade.
    Sec. 5.  Section 400.17, unnumbered paragraphs 3 and 4,
 Code 2009, are amended to read as follows:
    Employees shall not be required to be a resident of the
 city in which they are employed, but they shall become a
 resident of the state at the time within two years of such
 appointment or the date employment begins and shall remain a
 resident of the state during the remainder of employment.
 Cities However, cities may set a reasonable maximum distances
 distance outside of the corporate limits of the city, or a
 reasonable maximum travel time, that police officers, fire
 fighters, and other critical municipal employees may live from
 their place of employment.  Each employee residing outside the
 state on the date of appointment or on the date employment
 begins shall take reasonable steps to become a resident of the
 state as soon as practicable following appointment or
 beginning of employment.
    A person shall not be appointed, denied appointment,
 promoted, discharged, or demoted to or from a civil service
 position or in any other way favored or discriminated against
 in that position because of political or religious opinions or
 affiliations, race, national origin, sex, or age, or in
 retaliation for the exercise of any right enumerated in this
 chapter.  However, the maximum age for a police officer or
 fire fighter covered by this chapter and employed for police
 duty or the duty of fighting fires is sixty=five years of age.
    Sec. 6.  Section 400.18, Code 2009, is amended to read as
 follows:
    400.18  REMOVAL, DEMOTION, OR SUSPENSION.
    1.  No A person holding civil service rights as provided in
 this chapter shall not be removed, demoted, or suspended
 arbitrarily, except as otherwise provided in this chapter, but
 may be removed, demoted, or suspended after a hearing by a
 majority vote of the civil service commission, for neglect of
 duty, disobedience, misconduct, or failure to properly perform
 the person's duties.
    2.  The party alleging neglect of duty, disobedience,
 misconduct, or failure to properly perform a duty shall have
 the burden of proof.
    3.  A person subject to a hearing has the right to be
 represented by counsel at the person's expense or by the
 person's authorized collective bargaining representative.
    Sec. 7.  Section 400.26, Code 2009, is amended to read as
 follows:
    400.26  PUBLIC TRIAL.
    The trial of all appeals shall be public, and the parties
 may be represented by counsel or by the parties' authorized
 collective bargaining representative.


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House


                                                             
                               JOHN P. KIBBIE
                               President of the Senate

    I hereby certify that this bill originated in the House and
 is known as House File 420, Eighty=third General Assembly.


                                                             
                               MARK BRANDSGARD
                               Chief Clerk of the House
 Approved                , 2009


                            
 CHESTER J. CULVER
 Governor

                             -1-