House File 80 - Introduced
HOUSE FILE
BY HUNTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning civil service commissions, disciplinary
2 procedures, leaves of absence, providing a civil penalty, and
3 making a penalty applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1634HH 83
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PAG LIN
1 1 Section 1. Section 400.1, subsection 1, Code 2009, is
1 2 amended to read as follows:
1 3 1. In cities having a population of eight thousand or over
1 4 and having a paid fire department or a paid police department,
1 5 the mayor, one year after a regular city election, with the
1 6 approval of the council, shall appoint three civil service
1 7 commissioners who. The mayor shall publish notice of the
1 8 names of persons selected for appointment no less than thirty
1 9 days prior to a vote by the city council. Commissioners shall
1 10 hold office, one until the first Monday in April of the second
1 11 year, one until the first Monday in April of the third year,
1 12 and one until the first Monday in April of the fourth year
1 13 after such appointment, whose successors shall be appointed
1 14 for a term of four years. In cities having a population of
1 15 more than seventy thousand, the city council may establish, by
1 16 ordinance, the number of civil service commissioners at not
1 17 less than three.
1 18 Sec. 2. Section 400.2, Code 2009, is amended to read as
1 19 follows:
1 20 400.2 QUALIFICATIONS == CONFLICT OF INTEREST PROHIBITED
1 21 CONTRACTS.
1 22 1. The commissioners must be citizens of Iowa, eligible
1 23 electors as defined in chapter 39, and residents of the city
1 24 preceding their appointment, and shall serve without
1 25 compensation. A person, while on the commission, shall not
1 26 hold or be a candidate for any office of public trust.
1 27 However, when a human rights commission has been established
1 28 by a city, the director of the commission shall ex officio be
1 29 a member, without vote, of the civil service commission.
1 30 2. Civil service commissioners, with respect to the city
1 31 in which they are commissioners, shall not do any of the
1 32 following:
1 33 a. sell Sell to, or in any manner become parties, directly
1 34 or indirectly, to any contract to furnish supplies, material,
1 35 or labor to the city in which they are commissioners except as
2 1 provided in section 362.5.
2 2 b. Have an interest, direct or indirect, in any contract
2 3 or job of work or material or the profits thereof or services
2 4 to be furnished or performed for the city.
2 5 3. A contract entered into in violation of subsection 2 is
2 6 void.
2 7 4. A violation of this conflict of interest provision the
2 8 provisions contained in subsection 2 is a simple misdemeanor.
2 9 Sec. 3. Section 400.9, subsections 2 and 4, Code 2009, are
2 10 amended to read as follows:
2 11 2. The commission shall establish guidelines for
2 12 conducting the examinations under subsection 1. It may prepare
2 13 and administer the examinations or may hire persons with
2 14 expertise to do so if the commission approves the examinations
2 15 and if the examinations apply to the position in the city for
2 16 which the applicant is taking the examination. It may also
2 17 hire persons with expertise to consult in the preparation of
2 18 such examinations if the persons so hired are employed to aid
2 19 personnel of the commission in assuring that a fair
2 20 examination is conducted. A fair examination shall explore the
2 21 competence of the applicant in the particular field of
2 22 examination. The names of persons approved to administer any
2 23 examination under this section shall be posted in the city
2 24 hall at least twenty=four hours prior to the examination.
2 25 4. If there is a certified list of qualified candidates
2 26 for a promotional appointment, the following procedures shall
2 27 be followed:
2 28 a. A publication stating that interviews are being
2 29 scheduled to make a new certified list to fill a vacancy in a
2 30 civil service promotional grade classification shall be posted
2 31 for at least five working days before the closing date for the
2 32 interviews in the same locations where examination notices are
2 33 posted.
2 34 b. An employee who wishes to voluntarily demote or to
2 35 laterally transfer into a vacancy and has previously been or
3 1 is currently in the classification where the vacancy exists,
3 2 shall notify the civil service commission of the employee's
3 3 interest in the vacant position. The employee shall be added
3 4 to the list of candidates to be interviewed and considered for
3 5 the vacancy.
3 6 c. Each candidate on a list of qualified candidates must
3 7 be considered by the commission before another list may be
3 8 created.
3 9 Sec. 4. Section 400.11, unnumbered paragraph 5, Code 2009,
3 10 is amended to read as follows:
3 11 When there is no such preferred list or certified eligible
3 12 list, or when the eligible list shall be exhausted, the person
3 13 or body having the appointing power may temporarily fill a
3 14 newly created office or other vacancy only until an
3 15 examination can be held and the names of qualified persons be
3 16 certified by the commission, and such temporary appointments
3 17 are hereby limited to ninety days for any one person in the
3 18 same vacancy, but such limitation shall not apply to persons
3 19 temporarily acting in positions regularly held by another. A
3 20 temporary appointment to a position regularly held by another
3 21 shall be made according to the certified eligible list. Any
3 22 person temporarily filling a vacancy in a position of higher
3 23 grade for twenty days or more, shall receive the salary paid
3 24 in such higher grade.
3 25 Sec. 5. Section 400.17, unnumbered paragraphs 3 and 4,
3 26 Code 2009, are amended to read as follows:
3 27 Employees shall not be required to be a resident of the
3 28 city or state in which they are employed, but they shall
3 29 become a resident of the state at the time such appointment or
3 30 employment begins and shall remain a resident of the state
3 31 during employment. Cities may set reasonable maximum
3 32 distances outside of the corporate limits of the city that
3 33 travel time limitations applicable to police officers, fire
3 34 fighters, and other critical municipal employees may who
3 35 choose to live outside the corporate limits of the city.
4 1 A person shall not be appointed, promoted, discharged, or
4 2 demoted to or from a civil service position or in any other
4 3 way favored or discriminated against in that position because
4 4 of political or religious opinions or affiliations, race,
4 5 national origin, sex, or age, or in retaliation for the
4 6 exercise of any right enumerated in this chapter. However,
4 7 the maximum age for a police officer or fire fighter covered
4 8 by this chapter and employed for police duty or the duty of
4 9 fighting fires is sixty=five years of age.
4 10 Sec. 6. Section 400.18, Code 2009, is amended to read as
4 11 follows:
4 12 400.18 REMOVAL, DEMOTION, OR SUSPENSION.
4 13 1. No A person holding civil service rights as provided in
4 14 this chapter shall not be removed, reprimanded, demoted, or
4 15 suspended arbitrarily, except as otherwise provided in this
4 16 chapter, but may be removed, reprimanded, demoted, or
4 17 suspended after a hearing by a majority vote of the civil
4 18 service commission, for neglect of duty, disobedience,
4 19 misconduct, or failure to properly perform the person's
4 20 duties.
4 21 2. The party alleging neglect of duty, disobedience,
4 22 misconduct, or failure to properly perform a duty shall have
4 23 the burden of proof.
4 24 3. A person subject to a hearing has the right to be
4 25 represented by counsel at the person's expense or by the
4 26 person's authorized collective bargaining representative.
4 27 Sec. 7. Section 400.20, Code 2009, is amended to read as
4 28 follows:
4 29 400.20 APPEAL.
4 30 The reprimand, suspension, demotion, or discharge of a
4 31 person holding civil service rights may be appealed to the
4 32 civil service commission within fourteen calendar days after
4 33 the reprimand, suspension, demotion, or discharge.
4 34 Sec. 8. Section 400.21, Code 2009, is amended to read as
4 35 follows:
5 1 400.21 NOTICE OF APPEAL.
5 2 If the appeal be taken by the person reprimanded,
5 3 suspended, demoted, or discharged, notice thereof, signed by
5 4 the appellant and specifying the ruling appealed from, shall
5 5 be filed with the clerk of commission; if by the person making
5 6 such reprimand, suspension, demotion, or discharge, such
5 7 notice shall also be served upon the person reprimanded,
5 8 suspended, demoted, or discharged.
5 9 Sec. 9. Section 400.26, Code 2009, is amended to read as
5 10 follows:
5 11 400.26 PUBLIC TRIAL.
5 12 The trial of all appeals shall be public, and the parties
5 13 may be represented by counsel or by the parties' authorized
5 14 collective bargaining representative.
5 15 Sec. 10. Section 400.27, unnumbered paragraph 2, Code
5 16 2009, is amended to read as follows:
5 17 The city attorney or solicitor shall be the attorney for
5 18 the commission or when requested by the commission shall
5 19 present matters concerning civil service employees to the
5 20 commission, except the commission may hire a counselor or an
5 21 attorney on a per diem basis to represent it when in the
5 22 opinion of the commission there is a conflict of interest
5 23 between the commission and the city council. The commission
5 24 shall hire or retain an attorney to represent and advise the
5 25 commission in its official duties. The counselor or attorney
5 26 hired by the commission shall not be the city attorney or
5 27 solicitor. The city shall pay the costs incurred by the
5 28 commission in employing an attorney under this section.
5 29 Sec. 11. NEW SECTION. 400.30A CIVIL PENALTY.
5 30 The county attorney shall enforce the provisions of this
5 31 chapter. A person who willfully acts or fails to act in a
5 32 manner tending to avoid or defeat a provision of this chapter
5 33 is, in addition to any penalty imposed under section 400.30,
5 34 subject to a civil penalty imposed by the court not to exceed
5 35 five hundred dollars for each violation. The civil penalties
6 1 paid pursuant to this section shall be deposited in the
6 2 county's general fund.
6 3 Sec. 12. NEW SECTION. 400.32 LEAVE OF ABSENCE FOR
6 4 CERTAIN EMPLOYEES.
6 5 A civil service employee who is an elected or appointed
6 6 officer of an employee organization that is the representative
6 7 of a bargaining unit or who is an elected officer or appointed
6 8 representative of a statewide fire fighter organization may
6 9 make written request to the city for a leave of absence from
6 10 regular employment for such time as necessary to attend the
6 11 meetings required by that office or position and to otherwise
6 12 perform the duties of that office or position. The city shall
6 13 grant such leave, and such leave shall be granted without any
6 14 loss of pay, net credited service, and benefits earned and
6 15 without any requirement to work extra hours to compensate for
6 16 the amount of time missed. The written request for leave of
6 17 absence shall include the length of the appointed or elected
6 18 term to be served by the employee.
6 19 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection
6 20 3, shall not apply to this Act.
6 21 EXPLANATION
6 22 This bill makes several changes to the civil service law.
6 23 The bill specifies what contracting activities of
6 24 commissioners are prohibited. The bill also changes who may
6 25 provide counsel or legal services to the commission by
6 26 requiring the use of independent counsel rather than a city
6 27 attorney.
6 28 The bill requires the names of persons administering any
6 29 appointment or promotion examination to be posted in the city
6 30 hall prior to the examination. The bill also requires an
6 31 appointing authority to consider each candidate on a list of
6 32 qualified candidates before another list may be created and
6 33 requires the use of a list of qualified candidates for
6 34 temporary appointments.
6 35 Under current law, an employee under civil service is
7 1 required to be a resident of the state. The bill eliminates
7 2 the state residency requirement and the cities' authority to
7 3 set reasonable maximum distances that police officers, fire
7 4 fighters, and other critical municipal employees may live
7 5 outside the city. The bill instead allows cities to set
7 6 reasonable maximum travel time limitations applicable to those
7 7 employees who choose to live outside the city.
7 8 The bill prohibits retaliation against any individual based
7 9 upon the exercise of any right enumerated in Code chapter 400.
7 10 The bill specifies that the burden of proof is on the employer
7 11 to prove neglect of duty, disobedience, misconduct, or failure
7 12 to perform a duty. The bill also expands the appeal rights of
7 13 civil service employees to include reprimands and clarifies
7 14 who may represent an employee during a hearing or trial. The
7 15 bill also creates a civil penalty not to exceed $500 for
7 16 violations of Code chapter 400.
7 17 The bill allows a civil service employee who is an elected
7 18 or appointed officer of an employee organization that is the
7 19 representative of a bargaining unit or who is an elected
7 20 officer or appointed representative of a statewide fire
7 21 fighter organization to be granted, upon written request, a
7 22 leave of absence from regular employment for such time as
7 23 necessary to attend the meetings required by that office or
7 24 position and to otherwise perform the duties of that office or
7 25 position. The leave shall be granted by the city without any
7 26 loss of pay, net credited service, and benefits earned and
7 27 without any requirement to work extra hours to compensate for
7 28 the amount of time missed.
7 29 The bill may include a state mandate as defined in Code
7 30 section 25B.3. The bill makes inapplicable Code section
7 31 25B.2, subsection 3, which would relieve a political
7 32 subdivision from complying with a state mandate if funding for
7 33 the cost of the state mandate is not provided or specified.
7 34 Therefore, political subdivisions are required to comply with
7 35 any state mandate included in the bill.
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