H.F. _____ Section 1. Section 400.6, subsection 4, Code 2009, is 1 amended to read as follows: 2 4. The head and principal assistant of each department and 3 the head of each division. This exclusion does not apply to 4 assistant fire chiefs and to assistant police chiefs in cities 5 with police departments of two hundred fifty or fewer members. 6 However, sections 400.13 and 400.14 apply to police and fire 7 chiefs and public safety commissioners . 8 Sec. 2. Section 400.10, Code Supplement 2009, is amended to 9 read as follows: 10 400.10 Preferences. 11 In all examinations and appointments under this chapter, 12 other than promotions and appointments of chief of the police 13 department , and chief of the fire department , and public safety 14 commissioner , veterans who are citizens and residents of the 15 United States, shall have five percentage points added to the 16 veteran’s grade or score attained in qualifying examinations 17 for appointment to positions and five additional percentage 18 points added to the grade or score if the veteran has a 19 service-connected disability or is receiving compensation, 20 disability benefits, or pension under laws administered 21 by the United States department of veterans affairs. An 22 honorably discharged veteran who has been awarded the Purple 23 Heart incurred in action shall be considered to have a 24 service-connected disability. However, the percentage points 25 shall be given only upon passing the exam and shall not be the 26 determining factor in passing. Veteran’s preference percentage 27 points shall be applied once to the final scores used to rank 28 applicants for selection for an interview. For purposes of 29 this section, “veteran” means as defined in section 35.1 except 30 that the requirement that the person be a resident of this 31 state shall not apply. 32 Sec. 3. Section 400.13, Code 2009, is amended to read as 33 follows: 34 400.13 Chief of police , and chief of fire department , and 35 -1- LSB 5193YC (25) 83 md/sc 1/ 5

H.F. _____ public safety commissioner . 1 1. The chief of the fire department and the chief of 2 the police department shall be appointed from the chiefs’ 3 civil service eligible lists. Such lists shall be determined 4 by original examination open to all persons applying, 5 whether or not members of the employing city. The chief of 6 a fire department shall have had a minimum of five years’ 7 experience in a fire department, or three years experience in 8 a fire department and two years of comparable experience or 9 educational training. The chief of a police department shall 10 have had a minimum of five years experience in a public law 11 enforcement agency, or three years experience in a public law 12 enforcement agency and two years of comparable experience or 13 educational training. A chief of a police department or fire 14 department shall maintain civil service rights as determined 15 by section 400.12. 16 2. In lieu of appointing a chief of police and a chief of 17 the fire department under subsection 1, a city may establish 18 the position of public safety commissioner and appoint a public 19 safety commissioner from the chiefs’ civil service eligible 20 lists. The public safety commissioner shall be responsible for 21 management and operation of both the police department and the 22 fire department and shall have all the powers and duties of a 23 chief of a police department and a chief of a fire department 24 under this chapter or any other provision of law. The public 25 safety commissioner shall meet the minimum qualifications 26 for either a chief of a police department or the chief of a 27 fire department, possess at least a bachelor’s degree from an 28 accredited college or university, and have completed advanced 29 training in management. A public safety commissioner shall 30 maintain civil service rights as determined by section 400.12 . 31 3. Any person who becomes chief of police , or chief of 32 the fire department , or public safety commissioner shall be 33 allowed to transfer all rights the person may have acquired 34 under chapter 410 or 411, including employer contributions 35 -2- LSB 5193YC (25) 83 md/sc 2/ 5

H.F. _____ during the person’s years of service in a city, employee 1 contributions, and interest, to the retirement system of the 2 city that hires the person as chief or commissioner . Such 3 person shall also transfer the number of years served as 4 seniority toward other benefits provided by the city which 5 hires the person. If a chief of a police or fire department 6 is relieved of that position, the person shall be entitled to 7 remain in the department for which the person was chief at a 8 position commensurate with the person’s civil service status, 9 even if this means that the city must create a position for 10 the person to fill until a regular position becomes vacant. 11 If a public safety commissioner is relieved of that position, 12 the person shall be entitled to remain in either the police 13 department or the fire department, as determined by the entity 14 with appointment authority under subsection 4, at a position 15 commensurate with the person’s civil service status, even if 16 this means that the city must create a position for the person 17 to fill until a regular position becomes vacant. 18 4. In cities under the commission plan of government the 19 superintendent of public safety, with the approval of the 20 city council, shall appoint the chief of the fire department 21 and the chief of the police department , or the public safety 22 commissioner . In cities under a council-manager form of 23 government the city manager shall make the appointments with 24 the approval of the city council, and in all other cities the 25 appointments shall be made as provided by city ordinance or 26 city charter. 27 Sec. 4. Section 400.14, Code 2009, is amended to read as 28 follows: 29 400.14 Civil service status of chiefs. 30 A police officer under civil service may be appointed 31 chief of police or public safety commissioner and a fire 32 fighter under civil service may be appointed chief of the fire 33 department or public safety commissioner without losing civil 34 service status, and shall retain, while holding the office of 35 -3- LSB 5193YC (25) 83 md/sc 3/ 5

H.F. _____ chief or commissioner , the same civil service rights that the 1 officer or fire fighter may have had immediately previous to 2 appointment as chief or commissioner , but nothing herein shall 3 be deemed to extend to such individual any civil service right 4 upon which the individual may retain the position of chief or 5 commissioner . 6 Sec. 5. Section 400.15, Code 2009, is amended to read as 7 follows: 8 400.15 Appointing powers. 9 1. All appointments or promotions to positions within 10 the scope of this chapter other than those of chief of 11 police , and chief of fire department , and public safety 12 commissioner shall be made: 13 a. In cities under the commission form of government, by 14 the superintendents of the respective departments, with the 15 approval of the city council ; in . 16 b. In cities under the city manager plan, by the city 17 manager ; in . 18 c. In all other cities with the approval of the city 19 council , and in . 20 d. In the police and fire departments by the chiefs of the 21 respective departments or by the public safety commissioner . 22 2. All such appointments or promotions shall promptly 23 be reported to the clerk of the commission by the appointing 24 officer. An appointing authority may transfer an employee, 25 other than police officers and fire fighters, from one 26 department to the same civil service classification in another 27 department, and such employee shall retain the same civil 28 service status. 29 Sec. 6. Section 400.19, Code 2009, is amended to read as 30 follows: 31 400.19 Removal or discharge of subordinates. 32 The person having the appointing power as provided in 33 this chapter, or the chief of police , or chief of the fire 34 department, or public safety commissioner, may peremptorily 35 -4- LSB 5193YC (25) 83 md/sc 4/ 5

H.F. _____ suspend, demote, or discharge a subordinate then under the 1 person’s , or chief’s , or commissioner’s direction for neglect 2 of duty, disobedience of orders, misconduct, or failure to 3 properly perform the subordinate’s duties. 4 EXPLANATION 5 This bill authorizes certain cities under Code chapter 6 400 (“Civil Service”) to, in lieu of appointing a chief of 7 police and a chief of the fire department, establish the 8 position of public safety commissioner and appoint a public 9 safety commissioner from the chiefs’ civil service eligible 10 lists. The bill provides that a public safety commissioner is 11 responsible for management and operation of both the city’s 12 police department and the city’s fire department. The bill 13 also specifies that a public safety commissioner has all the 14 powers and duties provided to a chief of a police department or 15 to a chief of a fire department under Code chapter 400 or any 16 other provision of law. 17 The bill requires a public safety commissioner to meet 18 the minimum qualifications for either a chief of a police 19 department or the chief of a fire department and possess at 20 least a bachelor’s degree and advanced training in management. 21 The bill allows a person appointed to the position of public 22 safety commissioner to maintain civil service rights. 23 The bill also amends other provisions of Code chapter 400 to 24 provide public safety commissioners with the same powers and 25 duties as police chiefs and fire chiefs. 26 -5- LSB 5193YC (25) 83 md/sc 5/ 5