House File 717 - Introduced HOUSE FILE 717 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 212) A BILL FOR An Act concerning appeal rights relating to veterans 1 preference. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2742HV (3) 88 ec/rn

H.F. 717 Section 1. Section 35C.3, Code 2019, is amended to read as 1 follows: 2 35C.3 Duty to investigate and appoint. 3 When any preferred person applies for appointment or 4 employment under this chapter , the officer, board, or person 5 whose duty it is or may be to appoint or employ a person to fill 6 the position or place shall, before appointing or employing a 7 person to fill the position or place, make an investigation 8 as to the qualifications of the applicant for the place or 9 position, and if the applicant is of good moral character 10 and can perform the duties of the position applied for, the 11 officer, board, or person shall appoint the applicant to the 12 position, place, or employment. The appointing officer, board, 13 or person shall set forth in writing and file for public 14 inspection the specific grounds upon which it appointed or 15 refused to appoint the person. At the time of application or 16 at an interview for the position, an applicant may request 17 notification of refusal only or notification of refusal and 18 the specific grounds for refusal. The notification shall be 19 sent within ten days after the successful applicant is selected 20 and shall include information on the right of an unsuccessful 21 applicant to maintain an action for mandamus under section 22 35C.4, or file an appeal and the time to file an appeal under 23 section 35C.5 . 24 Sec. 2. Section 35C.4, Code 2019, is amended to read as 25 follows: 26 35C.4 Mandamus —— judicial review. 27 A refusal to allow said preference, or a reduction of 28 the salary for said position with intent to bring about the 29 resignation or discharge of the incumbent, shall entitle the 30 applicant or incumbent, as the case may be, to maintain an 31 action of mandamus to right the wrong. At their election 32 such parties may, in the alternative, maintain an action for 33 judicial review in accordance with the terms of the Iowa 34 administrative procedure Act, chapter 17A , if that is otherwise 35 -1- LSB 2742HV (3) 88 ec/rn 1/ 3

H.F. 717 applicable to their case. An action of mandamus shall be filed 1 by an applicant or incumbent within three hundred days after a 2 refusal to allow said preference, or a reduction of the salary 3 for said position with intent to bring about the resignation 4 or discharge of the incumbent. 5 Sec. 3. Section 35C.6, Code 2019, is amended to read as 6 follows: 7 35C.6 Removal —— certiorari —— judicial review. 8 No person holding a public position by appointment or 9 employment, and belonging to any of the classes of persons 10 to whom a preference is granted under this chapter , shall 11 be removed from such position or employment except for 12 incompetency or misconduct shown after a hearing, upon due 13 notice, upon stated charges, and with the right of such 14 employee or appointee to a review by a writ of certiorari or at 15 such person’s election, to judicial review in accordance with 16 the terms of the Iowa administrative procedure Act, chapter 17 17A , if that is otherwise applicable to their case. Upon 18 removal from such position or employment, the person shall be 19 provided written notification of the right of such employee 20 or appointee to a review by a writ of certiorari or judicial 21 review. A review by a writ of certiorari shall be filed within 22 three hundred days of the removal of the employee or appointee. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill concerns veterans preference under Code chapter 27 35C. 28 Code section 35C.3 is amended to provide that notification 29 to a veteran of a refusal to appoint or employ the veteran 30 for employment covered by Code chapter 35C shall include 31 information on the right of the veteran to maintain an action 32 for mandamus under Code section 35C.4 or file an appeal, and 33 the time to file an appeal, under Code section 35C.5. 34 Code section 35C.4, concerning mandamus and judicial review, 35 -2- LSB 2742HV (3) 88 ec/rn 2/ 3

H.F. 717 is amended to provide that an action of mandamus shall be filed 1 by an applicant or incumbent within 300 days after a refusal to 2 allow a preference, or a reduction of salary designed to bring 3 about the resignation or discharge of the incumbent. 4 Code section 35C.6, concerning removal from a position or 5 employment, is amended to provide that upon removal, the person 6 removed shall be provided written notification of the right to 7 a review by a writ of certiorari or judicial review. The bill 8 also provides that a writ of certiorari be filed within 300 9 days of the removal of the person. 10 -3- LSB 2742HV (3) 88 ec/rn 3/ 3