House
File
717
-
Enrolled
House
File
717
AN
ACT
CONCERNING
APPEAL
RIGHTS
RELATING
TO
VETERANS
PREFERENCE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
35C.3,
Code
2020,
is
amended
to
read
as
follows:
35C.3
Duty
to
investigate
and
appoint.
When
any
preferred
person
applies
for
appointment
or
employment
under
this
chapter
,
the
officer,
board,
or
person
whose
duty
it
is
or
may
be
to
appoint
or
employ
a
person
to
fill
the
position
or
place
shall,
before
appointing
or
employing
a
person
to
fill
the
position
or
place,
make
an
investigation
as
to
the
qualifications
of
the
applicant
for
the
place
or
position,
and
if
the
applicant
is
of
good
moral
character
and
can
perform
the
duties
of
the
position
applied
for,
the
officer,
board,
or
person
shall
appoint
the
applicant
to
the
position,
place,
or
employment.
The
appointing
officer,
board,
or
person
shall
set
forth
in
writing
and
file
for
public
inspection
the
specific
grounds
upon
which
it
appointed
or
refused
to
appoint
the
person.
At
the
time
of
application
or
at
an
interview
for
the
position,
an
applicant
may
request
notification
of
refusal
only
or
notification
of
refusal
and
House
File
717,
p.
2
the
specific
grounds
for
refusal.
The
notification
shall
be
sent
within
ten
days
after
the
successful
applicant
is
selected
and
shall
include
information
on
the
right
of
an
unsuccessful
applicant
to
maintain
an
action
for
mandamus
under
section
35C.4,
or
file
an
appeal
and
the
time
to
file
an
appeal
under
section
35C.5
.
Sec.
2.
Section
35C.4,
Code
2020,
is
amended
to
read
as
follows:
35C.4
Mandamus
——
judicial
review.
A
refusal
to
allow
said
preference,
or
a
reduction
of
the
salary
for
said
position
with
intent
to
bring
about
the
resignation
or
discharge
of
the
incumbent,
shall
entitle
the
applicant
or
incumbent,
as
the
case
may
be,
to
maintain
an
action
of
mandamus
to
right
the
wrong.
At
their
election
such
parties
may,
in
the
alternative,
maintain
an
action
for
judicial
review
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
,
if
that
is
otherwise
applicable
to
their
case.
An
action
of
mandamus
shall
be
filed
by
an
applicant
or
incumbent
within
three
hundred
days
after
a
refusal
to
allow
said
preference,
or
a
reduction
of
the
salary
for
said
position
with
intent
to
bring
about
the
resignation
or
discharge
of
the
incumbent.
Sec.
3.
Section
35C.6,
Code
2020,
is
amended
to
read
as
follows:
35C.6
Removal
——
certiorari
——
judicial
review.
No
person
holding
a
public
position
by
appointment
or
employment,
and
belonging
to
any
of
the
classes
of
persons
to
whom
a
preference
is
granted
under
this
chapter
,
shall
be
removed
from
such
position
or
employment
except
for
incompetency
or
misconduct
shown
after
a
hearing,
upon
due
notice,
upon
stated
charges,
and
with
the
right
of
such
employee
or
appointee
to
a
review
by
a
writ
of
certiorari
or
at
such
person’s
election,
to
judicial
review
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
,
if
that
is
otherwise
applicable
to
their
case.
Upon
removal
from
such
position
or
employment,
the
person
shall
be
provided
written
notification
of
the
right
of
such
employee
or
appointee
to
a
review
by
a
writ
of
certiorari
or
judicial
House
File
717,
p.
3
review.
A
review
by
a
writ
of
certiorari
shall
be
filed
within
three
hundred
days
of
the
removal
of
the
employee
or
appointee.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
717,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor