House File 207 - Introduced HOUSE FILE 207 BY WOLFE A BILL FOR An Act relating to civil service commission appeal procedures 1 and including effective date and applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1604HH (5) 84 je/sc

H.F. 207 Section 1. Section 400.24, Code 2011, is amended to read as 1 follows: 2 400.24 Oaths —— books and papers. 3 The presiding officer of the commission or the council, as 4 the case may be, shall have power to administer oaths in the 5 same manner and with like effect and under the same penalties 6 as in the case of magistrates exercising criminal or civil 7 jurisdiction. The council or commission shall cause subpoenas 8 to be issued for such witnesses and the production of such 9 books and papers as either party may designate. The subpoenas 10 shall be signed by the chairperson of the commission or mayor, 11 as the case may be. For any witness or material subpoenaed, 12 discovery procedures applicable to civil actions shall be 13 available to either party. Evidence obtained in discovery may 14 be used in an appeal under this chapter if that evidence would 15 otherwise be admissible in a civil action. 16 Sec. 2. Section 400.27, Code 2011, is amended to read as 17 follows: 18 400.27 Jurisdiction —— attorney —— appeal. 19 1. The civil service commission has jurisdiction to hear 20 and determine matters involving the rights of civil service 21 employees under this chapter , and may affirm, modify, or 22 reverse any case on its merits. 23 2. a. The city attorney or solicitor shall be the attorney 24 for the commission or when requested by the commission shall 25 present matters concerning civil service employees to the 26 commission, except the commission may hire a counselor or 27 an attorney on a per diem basis to represent it when in the 28 opinion of the commission there is a conflict of interest 29 between the commission and the city council. The counselor or 30 attorney hired by the commission shall not be the city attorney 31 or solicitor. The city shall pay the costs incurred by the 32 commission in employing an attorney under this section . 33 b. In the event the decision appealed from is reversed by 34 the civil service commission, the appellant shall be entitled 35 -1- LSB 1604HH (5) 84 je/sc 1/ 2

H.F. 207 to reasonable attorney fees from the city. 1 3. a. The city or any civil service employee shall have a 2 right to appeal to the district court from the final ruling or 3 decision of the civil service commission. The appeal shall be 4 taken within thirty days from the filing of the formal decision 5 of the commission. The district court of the county in which 6 the city is located shall have full jurisdiction of the appeal 7 and the said appeal shall be a trial de novo as an equitable 8 action in the district court. 9 b. The appeal to the district court shall be perfected by 10 filing a notice of appeal with the clerk of the district court 11 within the time prescribed in this section by serving notice of 12 appeal on the clerk of the civil service commission, from whose 13 ruling or decision the appeal is taken. 14 c. In the event the ruling or decision appealed from is 15 reversed by the district court, the appellant, if it be an 16 employee, shall then be reinstated as of the date of the said 17 suspension, demotion, or discharge and shall be entitled to 18 compensation from the date of such suspension, demotion, or 19 discharge , as well as reasonable attorney fees . 20 Sec. 3. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. This 21 Act, being deemed of immediate importance, takes effect upon 22 enactment and applies to hearings and cases pending on or after 23 that date. 24 EXPLANATION 25 This bill provides that for appeals to civil service 26 commissions of employment decisions, persons and materials 27 subpoenaed by either party to the appeal are subject to 28 discovery procedures applicable to civil actions. 29 The bill also provides that a successful employee appellant 30 is entitled to attorney fees when appealing to the civil 31 service commission or upon appeal to the district court. 32 The bill is effective upon enactment and applies to hearings 33 and cases pending on or after that date. 34 -2- LSB 1604HH (5) 84 je/sc 2/ 2