House Study Bill 219
HOUSE FILE
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON LYKAM)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to civil service for deputy county sheriffs by
2 allowing a county to appeal certain decisions of the civil
3 service commission.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2105HC 82
6 eg/je/5
PAG LIN
1 1 Section 1. Section 341A.12, unnumbered paragraph 2, Code
1 2 2007, is amended to read as follows:
1 3 If the order of removal, suspension, or demotion is
1 4 concurred in by a majority of the commission, the The county
1 5 or the accused may appeal therefrom from the commission's
1 6 finding and decision to the district court of the county where
1 7 the accused resides. Such appeal shall be taken by serving
1 8 upon the commission within thirty days after the entry of its
1 9 order finding and decision, a written notice of appeal,
1 10 stating the grounds thereof, and demanding that a certified
1 11 transcript of the record and of all papers on file in the
1 12 office of the commission affecting or relating to its order
1 13 finding and decision, be filed by the commission with the
1 14 court. The commission shall, within ten days after the filing
1 15 of the notice make, certify, and file such transcript with the
1 16 court. The court shall proceed to hear and determine the
1 17 appeal in a summary manner. Such hearing shall be confined to
1 18 the determination of whether the order of removal, suspension,
1 19 or demotion made by finding and decision of the commission to
1 20 affirm, modify, or revoke the order of the sheriff was made in
1 21 good faith and for cause, and no appeal shall be taken except
1 22 upon such grounds. The decision of the district court may be
1 23 appealed to the supreme court.
1 24 EXPLANATION
1 25 Pursuant to Code section 341A.12, a civil service
1 26 commission may affirm, modify, or revoke a sheriff's order of
1 27 removal, suspension, or reduction in rank against an accused
1 28 deputy sheriff. The accused may appeal the finding and
1 29 decision of the commission to the district court. This bill
1 30 allows a county to appeal a finding and decision of a
1 31 commission to the district court.
1 32 LSB 2105HC 82
1 33 eg:sc/je/5