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 3If the order of removal, suspension, or demotion is 1 4 concurred in by a majority of the commission, theThe county 1 5 or the accused may appealtherefromfrom 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 9orderfinding 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 itsorder1 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 theorder of removal, suspension, 1 19 or demotion made byfinding 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