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 TLSB 6221YC (2) 89 js/ns
H.F. _____ 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. 35 -1- LSB 6221YC (2) 89 js/ns 1/ 3
H.F. _____ 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 -2- LSB 6221YC (2) 89 js/ns 2/ 3
H.F. _____ 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. 25 -3- LSB 6221YC (2) 89 js/ns 3/ 3