House File 530 - Introduced
HOUSE FILE
BY HUSER and SCHICKEL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing merger of certain local law enforcement agencies
2 to create a metropolitan police department and providing
3 certain taxing authority for such a department.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1366YH 81
6 sc/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 332.1 FINDINGS == DECLARATION OF
1 2 PURPOSE.
1 3 1. The general assembly finds that there is substantial
1 4 duplication of functions, personnel, and expenses between the
1 5 city and county law enforcement agencies in this state. The
1 6 general assembly further finds that merger of city and county
1 7 law enforcement agencies would increase the efficiency of such
1 8 agencies by improving communication facilities, lowering
1 9 purchasing costs, and coordinating law enforcement efforts
1 10 throughout metropolitan areas.
1 11 2. It is the purpose of this chapter to provide the means
1 12 whereby the respective law enforcement agencies of the cities
1 13 and counties in this state may merge into metropolitan police
1 14 departments.
1 15 Sec. 2. NEW SECTION. 332.2 LIBERAL CONSTRUCTION.
1 16 The powers of the various participating political
1 17 subdivisions and the provisions of this chapter shall be
1 18 construed liberally to effect the merger of the law
1 19 enforcement agencies of such political subdivisions without
1 20 administrative difficulty, it being the intention of the
1 21 general assembly that the formation of departments be effected
1 22 in an orderly manner.
1 23 Sec. 3. NEW SECTION. 332.3 DEFINITIONS.
1 24 As used in this chapter, unless the context otherwise
1 25 requires:
1 26 1. "Board" means a civil service board appointed by the
1 27 committee.
1 28 2. "Committee" means a metropolitan police committee on
1 29 fiscal affairs created under section 332.14.
1 30 3. "Department" means a metropolitan police department
1 31 created under the provisions of this chapter.
1 32 4. "Department fund" means any fund created in a county
1 33 treasury under section 332.18.
1 34 5. "Investigative function" means those units within a
1 35 department whose primary responsibility is to investigate
2 1 cases to apprehend and convict criminals.
2 2 6. "Political subdivision" means a county in this state or
2 3 a city within such county.
2 4 7. "Rural program of resident officers" means either a law
2 5 enforcement district created pursuant to chapter 357D or a law
2 6 enforcement program created pursuant to this chapter which
2 7 provides police protection to a rural area as defined by a
2 8 metropolitan police department or whose boundaries are
2 9 established pursuant to chapter 357D, approved by the
2 10 governing body of each participating political subdivision
2 11 before January 1 preceding the commencement of each fiscal
2 12 year.
2 13 8. "Taxing district" means a district created pursuant to
2 14 section 332.22.
2 15 9. "Uniformed function in the field" means those operating
2 16 units within a department whose primary responsibilities are
2 17 to protect the public safety, respond in the first instance to
2 18 disturbances and calls for service, and enforce any traffic
2 19 regulation.
2 20 Sec. 4. NEW SECTION. 332.4 AUTHORITY TO CREATE A
2 21 METROPOLITAN POLICE DEPARTMENT.
2 22 1. A county and any of the cities in that county may merge
2 23 their respective law enforcement agencies to create a single
2 24 law enforcement agency, known as a metropolitan police
2 25 department for the participating political subdivisions. A
2 26 metropolitan police department shall operate under the
2 27 provisions of this chapter.
2 28 2. If a city located in more than one county merges its
2 29 law enforcement agency with the law enforcement agency of one
2 30 of those counties, the entire city shall be served by the
2 31 metropolitan police department.
2 32 Sec. 5. NEW SECTION. 332.5 PROCEDURE.
2 33 1. The board of supervisors of any county and the
2 34 governing body of any city or cities located in the county may
2 35 merge their respective law enforcement agencies into one
3 1 metropolitan police department pursuant to the provisions of
3 2 this chapter. To do so, the board of supervisors of the
3 3 participating county and the governing body of each
3 4 participating city must each adopt an ordinance providing for
3 5 the merger. An ordinance providing for a merger must be
3 6 adopted and become effective on or before November 30 in the
3 7 year preceding the commencement of the fiscal year in which
3 8 the merger is to occur.
3 9 2. If the legal authority under which a participating city
3 10 is organized provides for the appointment of a chief of police
3 11 and duties of law enforcement of the chief of police and the
3 12 governing body of the city adopts an ordinance for the merger
3 13 authorized by this section:
3 14 a. The provision for appointment of a chief of police
3 15 shall be deemed superseded as long as the ordinance providing
3 16 for a merger of the police department of the participating
3 17 city remains in effect.
3 18 b. The duties of law enforcement vested in the law
3 19 enforcement agencies designated in the merger devolve upon the
3 20 metropolitan police department, except the duty to construct,
3 21 maintain, or operate any county or city jail or detention
3 22 facility.
3 23 3. Any nonparticipating city may, by adopting an ordinance
3 24 providing for a merger, merge its law enforcement agency into
3 25 an existing metropolitan police department with the unanimous
3 26 consent of the committee and subject to such rules and
3 27 regulations as the committee may adopt which are consistent
3 28 with the provisions of this chapter.
3 29 Sec. 6. NEW SECTION. 332.6 EFFECT OF MERGER.
3 30 Upon merger, the law enforcement agencies of each
3 31 participating political subdivision, which are designated in
3 32 the merger, shall be deemed abolished as long as the ordinance
3 33 providing for the merger remains in effect.
3 34 Sec. 7. NEW SECTION. 332.7 EFFECT OF MERGER == SHERIFF
3 35 == POLICE CHIEFS == DEPUTIES AND ASSISTANTS.
4 1 1. The chief law enforcement officer in a department,
4 2 except as limited or otherwise provided in this chapter, is
4 3 the sheriff of the county in which the department is located.
4 4 Except as otherwise provided, the sheriff shall continue to
4 5 perform all duties and retain all powers as sheriff of the
4 6 county. The office of sheriff in a metropolitan police
4 7 department is an elected office as provided in section
4 8 331.651. The term of office of the sheriff serving at the
4 9 time of merger shall expire at the same time as if there had
4 10 been no merger.
4 11 2. a. The chief of police of the largest participating
4 12 city serving at the time of the merger shall be second in
4 13 command of the department and shall be designated as assistant
4 14 sheriff of the department.
4 15 b. The chiefs of police of other participating cities, the
4 16 assistant chiefs of police of other participating cities, the
4 17 chief deputies or deputy chiefs, or both, and the deputy
4 18 sheriffs of the county, all serving at the time of the merger,
4 19 are entitled to obtain employment with the department in
4 20 positions which their leadership abilities warrant.
4 21 3. All persons designated in subsection 2 are entitled to
4 22 retain an equivalent rank in the department at least until the
4 23 expiration of the current term of office of the sheriff,
4 24 except that they may be removed for cause. The persons
4 25 selected to fill any of the positions described in subsection
4 26 2, paragraph "b", or the position of commander must be
4 27 selected from the highest civil service rank in the department
4 28 and are entitled to return to that rank if removed from one of
4 29 those positions. Persons from outside the department shall
4 30 not be appointed to those positions.
4 31 Sec. 8. NEW SECTION. 332.8 EFFECT OF MERGER == PERSONNEL
4 32 == RETENTION OF DUTIES AND RESPONSIBILITIES == EMPLOYEE
4 33 BENEFITS.
4 34 1. Employees of the respective law enforcement agencies of
4 35 the participating political subdivisions, who are so employed
5 1 at the time of the merger, may obtain employment with the
5 2 department and shall hold positions of rank and grade
5 3 comparable to their positions prior to the merger.
5 4 2. Such employees, sworn or civilian, are entitled to
5 5 suffer no loss in pay, pension, fringe benefits, or other job
5 6 benefits by reason of the merger.
5 7 3. Sick leave, longevity, and vacation time accrued to
5 8 such employees in the service of their respective law
5 9 enforcement agencies shall be credited to them as employees of
5 10 the department. All rights and accruals of such employees as
5 11 members of the Iowa public employees' retirement system
5 12 pursuant to chapter 97B and the retirement system for police
5 13 officers pursuant to chapter 411 shall remain in force and
5 14 shall be automatically transferred from the respective law
5 15 enforcement agencies to the department.
5 16 4. The duties and responsibilities of such employees shall
5 17 not be diminished by reason of the merger, but their area and
5 18 division of assignment may be changed at the discretion of the
5 19 sheriff of the department or the sheriff's designated
5 20 administrative representative.
5 21 5. The most liberal employee benefits which have been
5 22 negotiated by the respective employee organizations of the law
5 23 enforcement agencies of the participating political
5 24 subdivisions shall be the benefits applicable to the employees
5 25 of the department.
5 26 Sec. 9. NEW SECTION. 332.9 UNITS OF SPECIALIZED LAW
5 27 ENFORCEMENT.
5 28 1. The provisions of this chapter do not prohibit a
5 29 participating political subdivision from establishing and
5 30 administering the following units of specialized law
5 31 enforcement:
5 32 a. A unit consisting of animal control officers.
5 33 b. A unit for the removal and disposition of abandoned
5 34 motor vehicles as provided in section 556B.1.
5 35 c. A unit for the investigation of arson.
6 1 d. A unit for the enforcement of laws relating to the
6 2 licensure of businesses.
6 3 e. A unit for the enforcement of nonmoving traffic laws.
6 4 2. The jurisdiction and authority of any units of
6 5 specialized law enforcement established pursuant to subsection
6 6 1 is concurrent with the authority and jurisdiction of the
6 7 metropolitan police department.
6 8 Sec. 10. NEW SECTION. 332.10 PROCEDURE FOR WITHDRAWAL OR
6 9 DISSOLUTION.
6 10 1. If a participating political subdivision in a
6 11 department that consists of three or more participating
6 12 political subdivisions wishes to withdraw from the department,
6 13 the participating political subdivision shall submit the
6 14 question of whether the political subdivision should withdraw
6 15 from the department to the registered voters of the political
6 16 subdivision at the regular city election in the case of a city
6 17 or the general election in the case of a county. The
6 18 participating political subdivision shall give notice of its
6 19 intent to withdraw to the other participating political
6 20 subdivisions at least six months before the election. If a
6 21 majority of the voters approve the question, the effective
6 22 date of the withdrawal is the commencement of the fiscal year
6 23 immediately following the regular city election at which the
6 24 question of withdrawal is approved. The ordinance that had
6 25 been adopted by the withdrawing political subdivision
6 26 providing for the merger is repealed on the effective date of
6 27 the withdrawal.
6 28 2. If a department consists of two participating political
6 29 subdivisions and one of the participating political
6 30 subdivisions determines that it wishes to withdraw, or if the
6 31 department consists of three or more participating political
6 32 subdivisions and all or all except one of the participating
6 33 political subdivisions determine that they wish to withdraw,
6 34 the participating political subdivisions must each submit the
6 35 question of whether the department should be dissolved to the
7 1 registered voters within their jurisdiction at the next
7 2 general election in the case of a county, or the next regular
7 3 city election in the case of a city. If a majority of the
7 4 total votes cast on the question are in favor of the
7 5 dissolution of the department, the effective date of the
7 6 dissolution is the commencement of the fiscal year immediately
7 7 following the election at which the question of dissolution is
7 8 approved. The ordinances that had been adopted by the
7 9 participating political subdivisions providing for the merger
7 10 are repealed on the effective date of the dissolution.
7 11 Sec. 11. NEW SECTION. 332.11 EFFECT OF WITHDRAWAL ==
7 12 EMPLOYEES.
7 13 1. Upon the withdrawal of a participating political
7 14 subdivision from the department, the committee, in cooperation
7 15 with the withdrawing political subdivision, shall determine
7 16 the employees of the department that must be transferred to
7 17 the law enforcement agency of the withdrawing political
7 18 subdivision.
7 19 2. Such employees must hold positions of rank and grade
7 20 comparable to their positions with the department before their
7 21 transfer to the withdrawing political subdivision and are
7 22 entitled to suffer no loss in pay, pension, fringe benefits,
7 23 or other job benefits by reason of the transfer.
7 24 3. Sick leave, longevity, and vacation time accrued to
7 25 such employees in the service of the department shall be
7 26 credited to them as employees of the law enforcement agency of
7 27 the withdrawing political subdivision. All rights and
7 28 accruals of such employees as members of the Iowa public
7 29 employees' retirement system pursuant to chapter 97B or the
7 30 retirement system for police officers pursuant to chapter 411
7 31 remain in force and must be automatically transferred from the
7 32 department to the law enforcement agency of the withdrawing
7 33 political subdivision.
7 34 4. The duties and responsibilities of such employees must
7 35 not be diminished by reason of their transfer to the
8 1 withdrawing political subdivision, but their area and division
8 2 of assignment may be changed at the discretion of the chief
8 3 law enforcement officer of the law enforcement agency of the
8 4 withdrawing political subdivision.
8 5 Sec. 12. NEW SECTION. 332.12 EFFECT OF DISSOLUTION ==
8 6 EMPLOYEES.
8 7 1. Upon the dissolution of a department, employees of the
8 8 department may, at the discretion of the employee, obtain
8 9 employment with the political subdivision in the boundaries of
8 10 which the employee had performed the majority of the
8 11 employee's duties for the department during the fiscal year
8 12 immediately preceding dissolution.
8 13 2. Such employees must hold positions of rank and grade
8 14 comparable to their positions before dissolution and are
8 15 entitled to suffer no loss in pay, pension, fringe benefits,
8 16 or other job benefits by reason of the dissolution.
8 17 3. Sick leave, longevity, and vacation time accrued to
8 18 such employees in the service of the department shall be
8 19 credited to them as employees of the law enforcement agencies
8 20 of the political subdivisions participating in the department
8 21 at the time of dissolution. All rights and accruals of such
8 22 employees as members of the Iowa public employees' retirement
8 23 system pursuant to chapter 97B or the retirement system for
8 24 police officers pursuant to chapter 411 remain in force and
8 25 must be automatically transferred from the department to such
8 26 law enforcement agencies.
8 27 4. The duties and responsibilities of such employees must
8 28 not be diminished by reason of the dissolution, but their area
8 29 and division of assignment may be changed at the discretion of
8 30 chief law enforcement officers of the law enforcement agencies
8 31 of the political subdivisions to which the employees are
8 32 transferred upon dissolution.
8 33 Sec. 13. NEW SECTION. 332.13 EFFECT OF WITHDRAWAL OR
8 34 DISSOLUTION == AGREEMENTS == CLAIMS.
8 35 1. Any contract, franchise, or other agreement into which
9 1 a department enters after merger for goods or services is
9 2 subject to recision by either party if one or more of the
9 3 participating political subdivisions withdraw from the
9 4 department or the department is dissolved.
9 5 2. A valid claim against a department arising from law
9 6 enforcement activity is not diminished or altered by reason of
9 7 the dissolution of the department. The participating
9 8 political subdivisions at the time of dissolution are liable
9 9 for any claims resulting from any pending action or proceeding
9 10 which involves any debt, demand, liability, or obligation or
9 11 which has been brought by or against the department after the
9 12 merger, irrespective of the nature of such matter in
9 13 litigation.
9 14 Sec. 14. NEW SECTION. 332.14 METROPOLITAN POLICE
9 15 COMMITTEE ON FISCAL AFFAIRS.
9 16 1. A metropolitan police committee on fiscal affairs
9 17 consists of two representatives from each participating
9 18 political subdivision.
9 19 2. Representatives of the participating political
9 20 subdivisions are not entitled to receive any additional
9 21 compensation or be reimbursed by the department for any
9 22 expenses incurred while serving on the committee.
9 23 3. Each representative of a participating political
9 24 subdivision must be a member of its governing body and serves
9 25 at the pleasure of the governing body making the appointment.
9 26 4. a. The members of the committee shall, by majority
9 27 vote, appoint an additional member of the committee from the
9 28 general public from a list consisting of three persons
9 29 nominated by each participating political subdivision and
9 30 three persons nominated by the sheriff. The additional
9 31 member:
9 32 (1) Must reside in the area served by the department.
9 33 (2) Shall serve for one year and until a successor is
9 34 appointed.
9 35 (3) May be reappointed.
10 1 (4) Is entitled to receive as compensation forty dollars
10 2 for each day of service.
10 3 (5) Is entitled to reimbursement for necessary travel and
10 4 per diem expenses in the manner provided by the committee for
10 5 the reimbursement of officers and employees of the department.
10 6 b. If the members of the committee fail to agree on the
10 7 additional member within thirty days after their initial
10 8 meeting following the merger, or within thirty days of the
10 9 expiration of the incumbent member's term, the additional
10 10 member of the committee must be appointed by the governor
10 11 without regard to the lists submitted. The person appointed
10 12 by the governor must reside in the area served by the
10 13 department.
10 14 5. At its first meeting and in August of each subsequent
10 15 year, the committee shall select one of its members to act as
10 16 chairperson.
10 17 6. A majority of the committee is a quorum for the
10 18 transaction of business if the majority includes at least one
10 19 representative from each participating political subdivision.
10 20 7. Except as otherwise provided in this chapter, when a
10 21 vote of the committee is required to transact business, the
10 22 vote is a majority of the quorum present and voting on the
10 23 matter in question.
10 24 8. Members of the committee may administer all oaths or
10 25 affirmations necessary in discharging the duties of their
10 26 office.
10 27 9. The committee shall employ a clerk and may employ other
10 28 clerical personnel necessary to the discharge of its duties.
10 29 The clerk is secretary for the committee.
10 30 Sec. 15. NEW SECTION. 332.15 COMMITTEE MEETINGS.
10 31 1. The committee shall meet at least once each quarter on
10 32 a regularly scheduled day and may meet more often upon the
10 33 call of the chairperson, either on the chairperson's motion or
10 34 at the request of any two members of the committee.
10 35 2. The clerk of the committee shall give written notice of
11 1 each special meeting to each member of the committee at least
11 2 three days before the meeting or by mailing the notice to each
11 3 member's place of residence in the county at least five days
11 4 before the meeting.
11 5 3. The notice must specify the date, time, place, and
11 6 purpose of the meeting. Lack of notice does not invalidate
11 7 the proceedings if all of the members of the committee who did
11 8 not receive notice are present at the special meeting.
11 9 Sec. 16. NEW SECTION. 332.16 DUTIES OF COMMITTEE ==
11 10 BUDGET AND FUNDING APPORTIONMENT.
11 11 The committee shall do all of the following:
11 12 1. Direct the department to prepare and shall approve an
11 13 annual operating budget for the department.
11 14 2. Submit the budget to the governing bodies of the
11 15 participating political subdivisions before March 1 for
11 16 funding for the following fiscal year.
11 17 3. Direct the department to prepare and shall adopt the
11 18 funding apportionment plan provided for in section 332.17 and
11 19 submit the plan on or before January 1 to the governing bodies
11 20 of the participating political subdivisions for approval. The
11 21 governing bodies shall approve or reject the plan on or before
11 22 February 1. If any of the governing bodies fails to approve
11 23 the apportionment plan, the plan or any disputed element of
11 24 the plan shall be submitted by the committee to an arbitration
11 25 panel for resolution. The governing body of each
11 26 participating political subdivision shall name one arbitrator
11 27 to the panel, who must reside within this state. If this
11 28 results in an even number of arbitrators, the arbitrators so
11 29 named shall, by majority vote, select an additional
11 30 arbitrator, who shall reside within this state and who shall
11 31 serve as chairperson of the panel. The department shall
11 32 provide such advice and technical and clerical assistance as
11 33 is requested by the panel. The panel must make its decision
11 34 and submit it to the participating political subdivisions on
11 35 or before March 1. When submitted, the decision is final and
12 1 binding upon the participating political subdivisions.
12 2 Sec. 17. NEW SECTION. 332.17 FUNDING APPORTIONMENT PLAN.
12 3 1. The funding apportionment plan must exclude the costs
12 4 of all of the following:
12 5 a. Operating and maintaining a county jail, a city jail,
12 6 or a detention facility.
12 7 b. A rural program of resident officers, where applicable.
12 8 c. Any program of contract services which is funded
12 9 entirely by the contracting agency or entity.
12 10 The costs described in paragraphs "a" and "b" are a proper
12 11 charge against the county or city, as applicable. The capital
12 12 costs of building a county jail are the responsibility of the
12 13 county and the capital costs of building a city jail are the
12 14 responsibility of the city.
12 15 2. The funding apportionment plan shall apportion the
12 16 anticipated costs of operating and maintaining the department
12 17 and capital costs, after deducting all anticipated revenue
12 18 internally generated by the department, among the
12 19 participating political subdivisions according to a formula
12 20 developed by the department pursuant to this section.
12 21 3. In developing a formula, the department shall divide
12 22 its budget into the following functional areas:
12 23 a. Activities which are the responsibility of any one of
12 24 the participating political subdivisions.
12 25 b. Contract services which are performed solely for
12 26 another agency or entity. Contract services which are
12 27 performed solely for another agency or entity must each be
12 28 identified as a separate functional area.
12 29 c. Administrative or supporting activities.
12 30 d. Remaining activities, services, or programs that are to
12 31 be allocated to those functional areas which are to be jointly
12 32 funded by the participating political subdivision.
12 33 4. The department shall identify the bureaus, sections,
12 34 divisions, and groups that are assigned to each functional
12 35 area. Each functional area must be a separate accounting unit
13 1 within the budget of the department for the purpose of
13 2 apportioning the cost among the participating political
13 3 subdivisions.
13 4 5. The costs of the activities of administration or
13 5 support shall be allocated to the other functional area to
13 6 which they apply in the ratio that the cost of each functional
13 7 area bears to the combined costs of the other functional
13 8 areas.
13 9 6. The costs of each functional area which is to be
13 10 jointly funded, including the administrative or support costs
13 11 allocated in accordance with subsection 5, shall be
13 12 apportioned among the participating political subdivisions as
13 13 follows:
13 14 a. The cost of uniformed functions in the field shall be
13 15 apportioned on a percentage basis according to the comparative
13 16 cumulative, unweighted percentage relationship among the
13 17 participating political subdivisions based on the population
13 18 of the participating political subdivisions, the total number
13 19 of felonies which were reported in each participating
13 20 political subdivision, and the total number of calls for
13 21 service which were dispatched by the department in each
13 22 participating political subdivision, excluding all of the
13 23 following:
13 24 (1) Calls for service with respect to felony crimes.
13 25 (2) Calls for service originating in those areas which
13 26 were served by a rural program of resident officers.
13 27 (3) Calls for service originating from a program of
13 28 contract services which is funded entirely by the contracting
13 29 agency or entity.
13 30 (4) Reports of felonies originating from a rural program
13 31 of resident officers or a program of contract services.
13 32 The number of calls for service and the number of felonies
13 33 reported must have been made during the twelve months
13 34 preceding January 1 of the current fiscal year.
13 35 b. The cost of the investigative function shall be
14 1 apportioned on a percentage basis according to the comparative
14 2 cumulative, unweighted percentage relationship among the
14 3 participating political subdivisions of the total number of
14 4 felonies which were reported in each participating political
14 5 subdivision during the twelve months preceding January 1 of
14 6 the current fiscal year.
14 7 7. For the purpose of subsection 6, the population
14 8 attributable to a county does not include the population of
14 9 the cities within that county or the population of those areas
14 10 within that county which are served by a rural program of
14 11 resident officers.
14 12 8. The department shall maintain all of the statistics
14 13 necessary to effectuate the funding apportionment plan and
14 14 shall maintain accurate records in support of the
14 15 determination required in order to comply with this section.
14 16 9. If, in the initial year of the merger, the statistics
14 17 necessary to determine the funding apportionment plan for the
14 18 remainder of that year are incomplete, the department shall
14 19 prepare a funding apportionment plan for the remainder of that
14 20 year based upon the most accurate statistics available, and
14 21 apply it as closely as possible in the manner prescribed in
14 22 this section. The fact that a budget, a funding apportionment
14 23 plan, and a rural program of resident officers are not
14 24 prepared and submitted when due does not invalidate any of
14 25 them.
14 26 Sec. 18. NEW SECTION. 332.18 DUTIES OF COUNTY TREASURER
14 27 AND COUNTY AUDITOR.
14 28 1. The county auditor of a county which has a department
14 29 shall issue warrants against a department fund in the manner
14 30 provided in this chapter and in section 331.506.
14 31 2. The county treasurer shall do all of the following:
14 32 a. Create in the county treasury one or more funds and
14 33 accounts within those funds, pursuant to section 331.555, as
14 34 the department may request, for the exclusive use of the
14 35 department.
15 1 b. Receive all moneys from the county, participating
15 2 cities, and any other source on behalf of the department and
15 3 deposit the moneys in the appropriate department fund.
15 4 c. Receive all moneys collected by the department for any
15 5 purpose, except criminal and civil fines, and deposit the
15 6 moneys in the appropriate department fund.
15 7 d. Credit any interest earned on moneys held in a
15 8 department fund to any such fund designated by the department.
15 9 e. Retain in each department fund any balances remaining
15 10 at the end of each fiscal year.
15 11 3. Within thirty days after the effective date of the
15 12 withdrawal of a participating political subdivision from the
15 13 department, the county auditor shall issue a warrant to pay to
15 14 the withdrawing political subdivision any moneys held in a
15 15 department fund that is attributable to the withdrawing
15 16 political subdivision based on the proportion that the total
15 17 budgetary contribution of the withdrawing political
15 18 subdivision to the department bears to the total budgetary
15 19 contributions of all the participating political subdivisions
15 20 to the department since the time of merger.
15 21 4. Within thirty days after the effective date of the
15 22 dissolution of the department, the county auditor shall
15 23 disburse any moneys held in a department fund to the
15 24 participating political subdivisions at the time of
15 25 dissolution based on the proportion that the total budgetary
15 26 contribution of each participating political subdivision to
15 27 the department bears to the total budgetary contributions of
15 28 all the participating political subdivisions to the department
15 29 since the time of merger.
15 30 Sec. 19. NEW SECTION. 332.19 ACCOUNTS OF DEPARTMENT ==
15 31 EXAMINATION AND AUDIT == ALLOWANCE.
15 32 1. The committee may examine and audit the accounts of all
15 33 officers responsible for the care, management, collection, or
15 34 disbursement of any moneys belonging to the department or
15 35 appropriated by law or otherwise, for its use and benefit.
16 1 2. The committee shall examine, settle, and allow all
16 2 accounts legally chargeable against the department.
16 3 Sec. 20. NEW SECTION. 332.20 APPROVAL AND PAYMENT OF
16 4 CLAIMS.
16 5 1. Every demand against a department, except a demand for
16 6 the sheriff's salary, a contested claim or demand, or a demand
16 7 required by the committee to be submitted to it, after the
16 8 demand is approved and signed by the sheriff or the sheriff's
16 9 designee, must be listed on a cumulative voucher sheet and
16 10 audited by the county auditor.
16 11 2. The county auditor shall determine whether the amount
16 12 demanded is legally due and remains unpaid, and whether its
16 13 payment from the treasury is authorized by law, and from which
16 14 fund the demand may be paid.
16 15 3. The county auditor and the county treasurer must sign
16 16 the cumulative voucher sheets. The county auditor shall send
16 17 a signed copy of the cumulative voucher sheets to the
16 18 committee.
16 19 4. A majority of the members of the committee must approve
16 20 a contested claim or a demand required to be submitted to the
16 21 committee before such a demand is paid from the department's
16 22 fund. A contested demand must be paid as provided in section
16 23 332.21.
16 24 Sec. 21. NEW SECTION. 332.21 ISSUANCE OF WARRANTS.
16 25 1. If the county auditor refuses to allow the payment of
16 26 any demand, the demand must be presented to the committee with
16 27 the refusal of the county auditor endorsed on the demand and
16 28 the reasons for the refusal.
16 29 2. If the committee, by a unanimous vote of all its
16 30 members, orders the issuance of a warrant in such a case, the
16 31 county auditor shall immediately issue the warrant upon
16 32 written notification from the secretary of the committee
16 33 certifying that all its members voted to order payment.
16 34 3. If the county auditor allows payment of a demand in
16 35 part, a warrant may be issued only for that part unless the
17 1 committee allows a greater sum by a unanimous vote of its
17 2 members.
17 3 4. A warrant shall not be drawn by the county auditor on a
17 4 department's fund unless there are sufficient moneys in the
17 5 fund to pay the warrant. Any warrant drawn contrary to the
17 6 provisions of this subsection is void.
17 7 Sec. 22. NEW SECTION. 332.22 TAXING DISTRICT CREATED ==
17 8 PAYMENT OF BONDS AND OTHER INDEBTEDNESS.
17 9 1. In each county in which a metropolitan police
17 10 department is established, a taxing district is created
17 11 consisting of the area within the boundaries of each
17 12 incorporated city which participates in the department and the
17 13 area of the county outside the boundaries of any incorporated
17 14 city.
17 15 2. Such a taxing district shall not be used for any
17 16 purpose not specifically authorized by the provisions of this
17 17 chapter.
17 18 3. The boundary of the taxing district shall not be
17 19 altered or abolished as a result of the withdrawal of a
17 20 participating political subdivision from the department or the
17 21 dissolution of the department in such a manner as to impair
17 22 any outstanding bonds or other indebtedness that is payable
17 23 from or secured by a pledge of a tax imposed in the taxing
17 24 district until those bonds or other indebtedness have been
17 25 discharged in full.
17 26 Sec. 23. NEW SECTION. 332.23 AUTHORITY TO INCUR
17 27 INDEBTEDNESS.
17 28 1. a. The committee may, with the consent of the
17 29 governing body of the county and each participating city,
17 30 incur indebtedness payable from the general revenues of the
17 31 department to construct buildings or improve property used by
17 32 the department, except a county or city jail or detention
17 33 facility. For this purpose, the committee shall follow the
17 34 procedures for issuance of debt as if the committee were a
17 35 city council or county board of supervisors and the applicable
18 1 provisions of chapters 74 through 76, 331, and 384 shall
18 2 apply. Indebtedness payable from general revenues of the
18 3 department includes general obligation bonds, loan agreements,
18 4 and lease=purchase agreements.
18 5 b. The committee may also enter into loan agreements and
18 6 lease=purchase agreements for the purpose of purchasing
18 7 equipment and other personal property for use by the
18 8 department. The consent of the governing body of the county
18 9 and each participating city is not required before the
18 10 committee enters into loan agreements and lease=purchase
18 11 agreements under this paragraph.
18 12 2. If indebtedness is incurred pursuant to this section,
18 13 the committee shall determine the amount required in each
18 14 fiscal year to pay the principal and interest, and certify
18 15 this amount to the county auditor as the budgets of local
18 16 governments are certified, for the levy of the requisite tax
18 17 on all taxable property within the taxing district.
18 18 3. For the purposes of any debt limitation of a county or
18 19 city, obligations issued pursuant to this section shall be
18 20 deemed to be the respective general obligations of the county
18 21 and each of the cities in the same proportion as the
18 22 percentage of the department's expenses paid by the county and
18 23 each of the cities pursuant to the funding apportionment plan
18 24 in effect at the time the obligations are issued.
18 25 4. If a participating political subdivision withdraws from
18 26 the department, the withdrawing political subdivision becomes
18 27 liable for the proportion of the indebtedness for the general
18 28 obligations issued pursuant to this section that is
18 29 attributable to the withdrawing political subdivision based on
18 30 the percentage of the department's expenses paid by the
18 31 withdrawing political subdivision pursuant to the funding
18 32 apportionment plan in effect at the time the general
18 33 obligations were issued.
18 34 5. Each participating political subdivision at the time of
18 35 dissolution becomes liable for the proportion of the
19 1 indebtedness issued pursuant to this section that is
19 2 attributable to each participating political subdivision based
19 3 on the percentage of the department's expenses paid by each
19 4 participating political subdivision pursuant to the funding
19 5 apportionment plan in effect at the time the indebtedness was
19 6 incurred.
19 7 Sec. 24. NEW SECTION. 332.24 ADDITIONAL TAX LEVY ==
19 8 VOTER APPROVAL REQUIRED.
19 9 1. The committee may, with the consent of the governing
19 10 body of each participating political subdivision, propose to
19 11 the registered voters of the taxing district, at the general
19 12 election, the question of whether an additional ad valorem tax
19 13 shall be levied on all taxable property within the taxing
19 14 district for the sole purpose of employing additional police
19 15 officers for the department.
19 16 2. The question submitted to the voters must include
19 17 information regarding the rate of the proposed additional
19 18 property tax stated in dollars and cents per one thousand
19 19 dollars of assessed valuation, the purpose of the proposed
19 20 additional property tax, and the duration of the proposed
19 21 additional property tax.
19 22 3. If the proposition is approved by a majority of the
19 23 votes cast on the proposition, the additional levy shall be
19 24 included in the budget for the fiscal year beginning July 1
19 25 following the election. The board of supervisors of the
19 26 county in which the taxing district is located shall impose
19 27 the tax annually at the rate approved by the voters. The
19 28 additional tax levy shall be levied at a uniform rate in the
19 29 unincorporated area of the county and in each participating
19 30 city.
19 31 Sec. 25. NEW SECTION. 332.25 TRANSFER OF POWERS AND
19 32 DUTIES TO THE DEPARTMENT == TORT LIABILITY.
19 33 1. Upon the formation of a department, every power and
19 34 duty conferred or imposed by law upon a county sheriff which
19 35 relates to law enforcement, and upon a chief of police or
20 1 police department of any participating city, devolves
20 2 automatically upon the department, unless otherwise
20 3 transferred pursuant to section 332.9. After the formation of
20 4 a department, contracts to furnish police services must be
20 5 made with the department and not with a participating
20 6 political subdivision.
20 7 2. The department may, upon the approval of the committee
20 8 and in compliance with public bidding requirements for cities
20 9 and counties, enter into contracts to purchase goods and
20 10 services necessary to operate and maintain the department.
20 11 3. The department may sue or be sued in its own name with
20 12 respect to any contract into which it is permitted by law to
20 13 enter.
20 14 4. The department is responsible for the defense of any
20 15 claim and for any judgment arising out of any act or omission
20 16 to act on the part of the committee, the sheriff, or any
20 17 officer, employee, or agent of the department, for which a
20 18 political subdivision of the state may be held responsible
20 19 pursuant to chapter 670. The department may sue or be sued
20 20 with regard to these matters.
20 21 5. The department may:
20 22 a. Insure itself against any liability arising under
20 23 subsection 4.
20 24 b. Insure the members of the committee, the sheriff, and
20 25 any of its officers, employees, or agents against tort
20 26 liability resulting from an act or an omission to act in the
20 27 scope of their duties or employment.
20 28 c. Insure against the expense of defending a claim against
20 29 itself, the committee, the sheriff, or any of its officers,
20 30 employees, or agents whether or not liability exists on the
20 31 claim.
20 32 Sec. 26. NEW SECTION. 332.26 OPERATION AND MAINTENANCE
20 33 OF JAIL.
20 34 A department may enter into a contract with a county or any
20 35 participating city for the operation or maintenance by the
21 1 department, using its own employees, of a jail established by
21 2 the other contracting party.
21 3 Sec. 27. NEW SECTION. 332.27 PUBLIC SCHOOLS ==
21 4 DEPARTMENT SERVICES.
21 5 1. The department may enter into a contract with the board
21 6 of directors of any school district located in the county
21 7 served by the department for the provision and supervision of
21 8 police services in the public schools within the school
21 9 district and on property owned by the school district. If the
21 10 department enters into a contract pursuant to this section,
21 11 the department shall create a separate unit designated as the
21 12 school police unit for this purpose.
21 13 2. The department may establish different qualifications
21 14 and training requirements for officers assigned to the school
21 15 police unit than those generally applicable to officers of the
21 16 department.
21 17 Sec. 28. NEW SECTION. 332.28 PENSION OR INSURANCE FOR
21 18 DISABILITY == NEGOTIATIONS.
21 19 1. The committee may establish, by contract or otherwise,
21 20 and administer a disability pension plan or disability
21 21 insurance program for the benefit of any police officer of the
21 22 department who is disabled, to any degree, by an injury
21 23 arising out of and in the course of the police officer's
21 24 employment. The cost of the plan or program may be charged,
21 25 in whole or in part, against the annual operating budget for
21 26 the department.
21 27 2. The committee may adopt rules, policies, and procedures
21 28 necessary to establish and administer the plan or program
21 29 specified in subsection 1.
21 30 3. If the committee elects to consider implementation of a
21 31 plan or program specified in subsection 1, or to change the
21 32 benefits provided by an existing plan or program, the persons
21 33 affected by the proposed plan or program, or proposed change,
21 34 may negotiate with the following concerning the nature and
21 35 extent of the plan, program, or change and chapter 20 shall
22 1 apply to negotiations for this purpose:
22 2 a. The committee or two or more persons designated by it.
22 3 b. The sheriff or a person designated by the sheriff.
22 4 4. The plan or program authorized by this section must be
22 5 supplemental or in addition to, and not in conflict with, the
22 6 coverage, compensation, benefits, or procedure established by
22 7 or adopted pursuant to chapter 97B or 411, whichever is
22 8 applicable.
22 9 5. The benefits provided for in this section are
22 10 supplemental to other benefits an employee is entitled to
22 11 receive on account of the same disability. In no event may
22 12 the benefits provided for in this section, when added to
22 13 benefits provided for or purchased by the expenditure of
22 14 public moneys, exceed the maximum amount of benefits an
22 15 employee is entitled to receive if the employee has been a
22 16 member of the department or agency for ten years or more.
22 17 Sec. 29. NEW SECTION. 332.29 AUTHORITY OF SHERIFF ==
22 18 ADMINISTRATIVE MATTERS.
22 19 The sheriff of the county in which a department is located
22 20 may adopt such policies, procedures, rules, and regulations
22 21 for the administration of the department and the employees of
22 22 the department as the sheriff deems appropriate without
22 23 obtaining the approval of the board of supervisors, the city
22 24 council, the civil service board, or the committee. Such
22 25 policies, procedures, rules, and regulations shall not
22 26 conflict with the regulations prepared by the civil service
22 27 board and adopted by the committee pursuant to section 332.30,
22 28 subsection 4.
22 29 Sec. 30. NEW SECTION. 332.30 CIVIL SERVICE SYSTEM.
22 30 1. Each department shall have a system of civil service,
22 31 applicable to and governing all employees of the department,
22 32 except elected officers and such other positions as designated
22 33 by the committee.
22 34 2. The system of civil service shall be governed by a
22 35 board composed of five civil service trustees appointed by the
23 1 committee. Upon creation of the board, the committee shall
23 2 appoint one trustee for a term of two years, two trustees for
23 3 terms of three years, and two trustees for terms of four
23 4 years. Thereafter, the terms of all trustees shall be four
23 5 years.
23 6 3. The members of the board may administer any oath or
23 7 affirmation necessary in discharging its duties. The board
23 8 may issue subpoenas in the discharge of its duties in the same
23 9 manner as a subpoena is issued in a civil action.
23 10 4. The board shall prepare regulations governing the
23 11 system of civil service to be adopted by the committee. The
23 12 regulations must provide for all of the following:
23 13 a. Examination of potential employees.
23 14 b. Recruitment and placement procedures.
23 15 c. Classification of positions.
23 16 d. Procedures for promotion, disciplinary actions, and
23 17 removal of employees.
23 18 5. Copies of the regulations of the system of civil
23 19 service shall be distributed to all employees of the
23 20 department.
23 21 6. The sheriff shall designate a personnel officer to
23 22 administer the personnel functions of the department according
23 23 to the policies and regulations of the board.
23 24 7. In any hearing or other proceeding conducted by the
23 25 civil service board, an employee of the department may be
23 26 represented by any person of the employee's choosing.
23 27 Sec. 31. NEW SECTION. 332.31 DEPARTMENT AS EMPLOYER ==
23 28 NEGOTIATIONS.
23 29 1. A department is a public employer for purposes of
23 30 chapter 20. A department is an employer for purposes of
23 31 chapter 97B and a department is a participating city for
23 32 purposes of chapter 411.
23 33 2. In negotiations arising under the provisions of chapter
23 34 20, the committee or two or more persons designated by the
23 35 committee, and the sheriff, or a person designated by the
24 1 sheriff, shall represent the department.
24 2 3. In negotiations arising under the provisions of chapter
24 3 20, a school police unit shall be considered a separate
24 4 bargaining unit.
24 5 Sec. 32. NEW SECTION. 332.32 DEPARTMENT AS SUCCESSOR ==
24 6 PENDING ACTIONS OR CLAIMS.
24 7 1. All bonds, contracts, franchises, and agreements to
24 8 which the participating political subdivisions are parties and
24 9 which relate to law enforcement activity shall inure to the
24 10 benefit of the department as the successor and assignee of
24 11 such political subdivisions in matters relating to such
24 12 activity.
24 13 2. No valid claims against the various participating
24 14 political subdivisions arising from law enforcement activity
24 15 shall be diminished or altered by reason of a merger under
24 16 this chapter.
24 17 3. Merger of the respective law enforcement agencies shall
24 18 not affect any pending action or proceeding which involves any
24 19 debt, demand, liability, or obligation, or which has been
24 20 brought by or against any participating political subdivision
24 21 prior to the merger, irrespective of the nature of such matter
24 22 in litigation.
24 23 Sec. 33. NEW SECTION. 332.33 PERSONAL PROPERTY ==
24 24 TRANSFER.
24 25 1. Upon merger, the title to and possession of all
24 26 personal property which is owned or held by, or in trust for,
24 27 any of the participating political subdivisions, or by their
24 28 officers or agencies in trust for public use and which is
24 29 exclusively devoted at the time of merger to the purposes of
24 30 law enforcement, shall be vested in and transferred to the
24 31 department.
24 32 2. Property which is required to be transferred under this
24 33 section shall be inventoried and appraised before the
24 34 transfer, in order to determine values as of the date of
24 35 transfer. The property shall be inventoried and appraised in
25 1 a manner which satisfies the accounting requirements of each
25 2 participating political subdivision.
25 3 3. The department shall hold title to all personal
25 4 property it acquires after the time of merger.
25 5 4. If the withdrawal of a participating political
25 6 subdivision from the department is approved pursuant to
25 7 section 332.10, any personal property held by, for the use and
25 8 benefit of or in trust for, the department shall be
25 9 immediately inventoried and appraised. The withdrawing
25 10 political subdivision is entitled to receive, on the effective
25 11 date of the withdrawal, its share of the value of the personal
25 12 property, in cash or in kind, or both, or in such other manner
25 13 as determined by the committee, based upon the average of the
25 14 following:
25 15 a. The proportion that its total contribution of personal
25 16 property to the department bears to the total contributions of
25 17 personal property of all participating political subdivisions
25 18 since the effective date of the merger.
25 19 b. The proportion that its total budgetary contribution to
25 20 the department bears to the total budgetary contributions of
25 21 all participating political subdivisions since the effective
25 22 date of the merger.
25 23 5. If the dissolution of the department is approved
25 24 pursuant to section 332.10, any personal property held by, for
25 25 the use and benefit of, or in trust for, the department shall
25 26 be immediately inventoried and appraised. Each participating
25 27 political subdivision at the time of dissolution is entitled
25 28 to receive, on the effective date of the dissolution, its
25 29 share of the value of the personal property, in cash or in
25 30 kind, or both, based upon the average of the following:
25 31 a. The proportion that its total contribution of personal
25 32 property to the department bears to the total contributions of
25 33 personal property of all participating political subdivisions
25 34 to the department since the effective date of the merger.
25 35 b. The proportion that its total budgetary contribution to
26 1 the department bears to the total budgetary contributions of
26 2 all participating political subdivisions to the department
26 3 since the effective date of the merger.
26 4 Sec. 34. NEW SECTION. 332.34 REAL PROPERTY == POSSESSION
26 5 == TITLE.
26 6 1. Upon merger, the department may possess all real
26 7 property owned or held by any of the participating political
26 8 subdivisions for the purposes of law enforcement on the
26 9 effective date of the merger.
26 10 2. Upon a showing of good cause and a majority vote of the
26 11 committee, the political subdivision that holds title to
26 12 property owned or held for the purposes of law enforcement on
26 13 the effective date of the merger, or that acquired property
26 14 for the use and benefit of or in trust for the department
26 15 after the merger, may repossess the property for public use if
26 16 the department no longer needs it for the purposes of law
26 17 enforcement.
26 18 3. The maintenance costs for any real property held for
26 19 the use and benefit of or in trust for a department shall be
26 20 paid by the department.
26 21 4. The department may, upon the approval of the committee,
26 22 lease or rent real property for the purposes of law
26 23 enforcement.
26 24 5. If the withdrawal of a participating political
26 25 subdivision from the department is approved pursuant to
26 26 section 332.10:
26 27 a. The right to possess any real property, the possession
26 28 of which passed to the department by operation of this section
26 29 and the title to which remains in the withdrawing political
26 30 subdivision, reverts to the withdrawing political subdivision
26 31 upon the effective date of the withdrawal.
26 32 b. Real property which was acquired for the use and
26 33 benefit of or in trust for the department after the merger
26 34 must immediately be inventoried and appraised. The
26 35 withdrawing political subdivision is entitled to receive, on
27 1 the effective date of the withdrawal, its share of the value
27 2 of each parcel of real property, with improvements thereon, in
27 3 cash or in kind, or both, or in such other manner as
27 4 determined by the committee, in the proportion that its total
27 5 budgetary contribution to the department during the fiscal
27 6 year or years in which the parcel was acquired and improved
27 7 bears to the total budgetary contributions of all
27 8 participating political subdivisions during that time.
27 9 6. If the dissolution of the department is approved
27 10 pursuant to section 332.10:
27 11 a. The right to possess any real property, the possession
27 12 of which was passed to the department by operation of this
27 13 section and the title to which remains in a participating
27 14 political subdivision, reverts to that political subdivision
27 15 on the effective date of the dissolution.
27 16 b. Real property that was acquired for the use and benefit
27 17 of or in trust for the department after the effective date of
27 18 the merger must immediately be inventoried and appraised.
27 19 Each participating political subdivision at the time of
27 20 dissolution is entitled to receive, on the effective date of
27 21 the dissolution, its share of the value of each such parcel of
27 22 real property and any improvements on that property, in cash
27 23 or in kind, or both, in the proportion that its total
27 24 budgetary contribution to the department during the fiscal
27 25 year or years in which the parcel was acquired and improved
27 26 bears to the total budgetary contributions of all
27 27 participating political subdivisions to the department during
27 28 that period.
27 29 EXPLANATION
27 30 This bill allows the law enforcement agencies of a county
27 31 and one or more cities in the county to merge to create a
27 32 metropolitan police department by ordinance of each of the
27 33 participating political subdivisions.
27 34 The bill provides that the chief law enforcement officer of
27 35 a metropolitan police department is the county sheriff of the
28 1 county where the department is located and the chief of police
28 2 of the largest participating city is second in command of the
28 3 department. The office of sheriff shall remain an elected
28 4 office. Upon merger, other officials and employees of the law
28 5 enforcement agencies of the county and city are entitled to
28 6 obtain employment with the department at the comparable rank,
28 7 grade, and responsibility as before the merger. Officers and
28 8 employees of a metropolitan police department would continue
28 9 to be enrolled in the government pension plan that they were
28 10 enrolled in prior to merger. The bill also provides that the
28 11 most liberal employee benefits which have been negotiated by
28 12 the respective employee organizations prior to merger shall be
28 13 the benefits applicable to the employees of the metropolitan
28 14 police department.
28 15 The bill provides a procedure for withdrawing from, or
28 16 dissolving, a metropolitan police department and a method
28 17 whereby the assets of the department would be allocated, and
28 18 the employees of the department assigned, should there be a
28 19 withdrawal or dissolution.
28 20 The bill requires creation of a metropolitan police
28 21 committee on fiscal affairs which shall approve the annual
28 22 operating budget of the department and submit the budget to
28 23 the participating political subdivisions for funding based on
28 24 an apportionment formula devised by the department and
28 25 approved by the governing bodies of the participating
28 26 political subdivisions. The bill requires creation of a
28 27 taxing district comprised of the area within the participating
28 28 cities and the area of the participating county outside the
28 29 boundaries of any city. The bill contains requirements for
28 30 the apportionment formula devised by the department.
28 31 The bill requires the county treasurer and the county
28 32 auditor to perform duties relating to the finances of the
28 33 department.
28 34 The bill gives the committee on fiscal affairs authority to
28 35 incur indebtedness, with the consent of the governing body of
29 1 the county and each participating city, for capital projects
29 2 or for purchases of equipment or other personal property. The
29 3 bill also gives the committee authority to levy an additional
29 4 tax, but only with the consent of each governing body and
29 5 approval of the electorate at an election.
29 6 The bill provides that every power and duty conferred by
29 7 law on a county sheriff or city police chief transfers to the
29 8 metropolitan police department. The bill provides that the
29 9 department is responsible for defending any tort claims filed
29 10 against an officer, employee, or agent of the department in
29 11 the same manner that a political subdivision of the state is
29 12 responsible.
29 13 The bill allows a department to enter into a contract with
29 14 a school district in the county for the provision of police
29 15 services. The bill also allows the department to create a
29 16 rural program of resident officers to provide police
29 17 protection to a rural area. The boundaries of the area served
29 18 by a rural program of resident officers may be determined by
29 19 the department or may be the boundaries established for a law
29 20 enforcement district under Code chapter 357D.
29 21 The bill provides that the department is considered a
29 22 public employer for purposes of employee negotiations under
29 23 Code chapter 20, and negotiations with employees of the
29 24 department shall be with the fiscal affairs committee and the
29 25 sheriff, or designees of each.
29 26 The bill requires each department to have a system of civil
29 27 service governing all employees of the department except
29 28 elected positions and those positions designated by the fiscal
29 29 affairs committee. The civil service board is required to
29 30 prepare regulations, for adoption by the fiscal affairs
29 31 committee, relating to examination of potential employees;
29 32 recruitment; classification of positions; and procedures for
29 33 promotion, disciplinary actions, and removal of employees.
29 34 The bill provides for the transfer of real and personal
29 35 property of the law enforcement agencies of the participating
30 1 political subdivisions to the metropolitan police department.
30 2 LSB 1366YH 81
30 3 sc:rj/cf/24