Senate File 53
SENATE FILE
BY CONNOLLY
(COMPANION TO LSB 1825HH
BY MURPHY)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to city or county civil service commissions.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1825SS 80
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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 16 No A 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 of such the appeal, hold a hearing thereon, and
1 27 fully hear and determine the matter, and either affirm,
1 28 modify, or revoke such the order. The appellant shall be
1 29 entitled to appeal personally, produce evidence, and to have
1 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 until such the 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 by the county attorney an 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 county an
2 12 attorney or attorneys of such combined counties may shall 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 not sell to, or in any
2 20 manner become parties, directly, to have an interest, direct
2 21 or indirect, in any contract to furnish supplies, material, or
2 22 labor to or 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 commissioners except 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 The city attorney or solicitor shall be the attorney for
3 3 the commission or when requested by the commission shall
3 4 present matters concerning civil service employees to the
3 5 commission, except the commission may shall 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 it when in the opinion of the
3 8 commission there is a conflict of interest between the in
3 9 matters brought before the commission and the city council
3 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
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