House
Study
Bill
703
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
city
civil
service
commissions.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
400.1,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
In
cities
having
a
population
of
eight
thousand
or
over
3
and
having
a
paid
fire
department
or
a
paid
police
department,
4
the
mayor,
one
year
after
a
regular
city
election,
with
the
5
approval
of
the
council,
shall
may
appoint
three
civil
service
6
commissioners.
The
mayor
shall
publish
notice
of
the
names
7
of
persons
selected
for
appointment
no
less
than
thirty
days
8
prior
to
a
vote
by
the
city
council.
Commissioners
shall
hold
9
office,
one
until
the
first
Monday
in
April
of
the
second
year,
10
one
until
the
first
Monday
in
April
of
the
third
year,
and
one
11
until
the
first
Monday
in
April
of
the
fourth
year
after
such
12
appointment,
whose
successors
shall
be
appointed
for
a
term
of
13
four
years.
In
cities
having
a
population
of
more
than
seventy
14
thousand,
the
city
council
may
establish,
by
ordinance,
the
15
number
of
civil
service
commissioners
at
not
less
than
three.
16
Sec.
2.
Section
400.3,
subsection
2,
Code
2022,
is
amended
17
to
read
as
follows:
18
2.
If
the
mayor
or
city
council
appoints
a
commission
19
under
section
400.1
or
this
section
,
the
city
council
may,
by
20
ordinance,
abolish
the
commission,
and
the
commission
shall
21
stand
abolished
sixty
days
from
the
date
of
the
ordinance
and
22
the
powers
and
duties
of
the
commission
shall
revert
to
the
23
city
council
except
whenever
a
city
having
a
population
of
less
24
than
eight
thousand
provides
for
the
appointment
of
a
civil
25
service
commission,
the
city
council
may
by
ordinance
abolish
26
such
office,
but
the
ordinance
shall
not
take
effect
until
27
the
ordinance
has
been
submitted
to
the
voters
at
a
regular
28
city
election
and
approved
by
a
majority
of
the
voters
at
such
29
election.
The
ordinance
shall
be
published
once
each
week
30
for
two
consecutive
weeks
preceding
the
date
of
the
election
31
in
a
newspaper
published
in
and
having
a
general
circulation
32
in
the
city.
If
a
newspaper
is
not
published
in
such
city,
33
publication
may
be
made
in
any
newspaper
having
general
34
circulation
in
the
county.
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Sec.
3.
Section
400.4,
subsection
1,
Code
2022,
is
amended
1
to
read
as
follows:
2
1.
The
commission
shall
elect
a
chairperson
from
among
3
its
members.
In
cities
having
a
population
of
more
than
4
seventy-five
thousand,
the
commission
shall
may
appoint
a
clerk
5
of
the
commission.
In
all
other
cities
the
city
clerk
or
a
6
designee
of
the
city
clerk
shall
be
clerk
of
the
commission.
7
If
an
employee
is
appointed
clerk
of
the
commission
who
is
8
employed
in
a
civil
service
status
at
the
time
of
appointment
9
as
clerk
of
the
commission,
the
appointee
shall
retain
the
10
civil
service
rights
held
before
the
appointment.
However,
11
this
section
does
not
grant
civil
service
status
or
rights
to
12
the
employee
in
the
capacity
of
clerk
of
the
commission
nor
13
extend
any
civil
service
right
upon
which
the
appointee
may
14
retain
the
position
of
clerk
of
the
commission.
15
Sec.
4.
Section
400.6,
Code
2022,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
8.
a.
Permanent
full-time
police
officers
18
and
fire
fighters
in
cities
having
a
population
of
more
19
than
eight
thousand
if
the
city
has
abolished
the
commission
20
pursuant
to
section
400.3.
21
b.
Appointive
permanent
full-time
employees
in
cities
having
22
a
population
of
more
than
fifteen
thousand
if
the
city
has
23
abolished
the
commission
pursuant
to
section
400.3.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
city
civil
service
commissions.
28
Under
current
law,
cities
with
a
population
of
at
least
8,000
29
and
with
a
paid
police
department
or
a
paid
fire
department
30
shall
establish
a
civil
service
commission
for
the
purpose
of
31
administering
Code
chapter
400.
The
commission
shall
consist
32
of
three
members
appointed
by
the
mayor
and
serving
staggered
33
terms,
except
that
a
city
council
in
a
city
with
a
population
34
of
at
least
70,000
may
establish
a
commission
consisting
of
35
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more
than
three
members.
In
cities
having
a
population
of
1
more
than
75,000,
the
commission
shall
appoint
a
clerk
of
the
2
commission.
For
a
city
having
a
population
of
less
than
8,000,
3
the
city
council
may
appoint
a
civil
service
commission
or
act
4
as
the
civil
service
commission.
Current
law
provides
for
the
5
abolition
of
a
civil
service
commission
when
such
commission
is
6
first
appointed
by
the
city
council.
The
provisions
of
Code
7
chapter
400
generally
apply
to
full-time
police
officers
and
8
fire
fighters
in
cities
having
a
population
of
more
than
8,000,
9
and
to
all
appointive
permanent
full-time
employees
in
cities
10
having
a
population
of
more
than
15,000.
11
The
bill
authorizes
rather
than
requires
a
city
with
a
12
population
of
at
least
8,000
and
with
a
paid
police
department
13
or
a
paid
fire
department
to
establish
a
civil
service
14
commission.
The
bill
authorizes
rather
than
requires
a
civil
15
service
commission
in
a
city
having
a
population
of
more
16
than
75,000
to
appoint
a
clerk
of
the
commission.
The
bill
17
authorizes
a
city
council
to
abolish
a
civil
service
commission
18
regardless
of
whether
the
mayor
or
the
city
council
appointed
19
the
commission.
The
bill
provides
that
when
a
city
abolishes
20
the
civil
service
commission,
Code
chapter
400
does
not
apply
21
to
permanent
full-time
police
officers
and
fire
fighters
if
22
the
city
has
a
population
of
more
than
8,000
or
to
appointive
23
permanent
full-time
employees
if
the
city
has
a
population
of
24
more
than
15,000.
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