HSB 703 (LSB 6221YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act relating to city civil service commissions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 400.1, subsection 1, Code 2022, is amended to read as follows:
   1.  In cities having a population of eight thousand or over and having a paid fire department or a paid police department, the mayor, one year after a regular city election, with the approval of the council, shall may appoint three civil service commissioners. The mayor shall publish notice of the names of persons selected for appointment no less than thirty days prior to a vote by the city council. Commissioners shall hold office, one until the first Monday in April of the second year, one until the first Monday in April of the third year, and one until the first Monday in April of the fourth year after such appointment, whose successors shall be appointed for a term of four years. In cities having a population of more than seventy thousand, the city council may establish, by ordinance, the number of civil service commissioners at not less than three.
    Sec. 2.  Section 400.3, subsection 2, Code 2022, is amended to read as follows:
   2.  If the mayor or city council appoints a commission under section 400.1 or this section, the city council may, by ordinance, abolish the commission, and the commission shall stand abolished sixty days from the date of the ordinance and the powers and duties of the commission shall revert to the city council except whenever a city having a population of less than eight thousand provides for the appointment of a civil service commission, the city council may by ordinance abolish such office, but the ordinance shall not take effect until the ordinance has been submitted to the voters at a regular city election and approved by a majority of the voters at such election. The ordinance shall be published once each week for two consecutive weeks preceding the date of the election in a newspaper published in and having a general circulation in the city. If a newspaper is not published in such city, publication may be made in any newspaper having general circulation in the county.
    Sec. 3.  Section 400.4, subsection 1, Code 2022, is amended to read as follows:
   1.  The commission shall elect a chairperson from among its members. In cities having a population of more than seventy-five thousand, the commission shall may appoint a clerk of the commission. In all other cities the city clerk or a designee of the city clerk shall be clerk of the commission. If an employee is appointed clerk of the commission who is employed in a civil service status at the time of appointment as clerk of the commission, the appointee shall retain the civil service rights held before the appointment. However, this section does not grant civil service status or rights to the employee in the capacity of clerk of the commission nor extend any civil service right upon which the appointee may retain the position of clerk of the commission.
    Sec. 4.  Section 400.6, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  a.  Permanent full-time police officers and fire fighters in cities having a population of more than eight thousand if the city has abolished the commission pursuant to section 400.3.
   b.  Appointive permanent full-time employees in cities having a population of more than fifteen thousand if the city has abolished the commission pursuant to section 400.3.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to city civil service commissions.
   Under current law, cities with a population of at least 8,000 and with a paid police department or a paid fire department shall establish a civil service commission for the purpose of administering Code chapter 400. The commission shall consist of three members appointed by the mayor and serving staggered terms, except that a city council in a city with a population of at least 70,000 may establish a commission consisting of more than three members. In cities having a population of more than 75,000, the commission shall appoint a clerk of the commission. For a city having a population of less than 8,000, the city council may appoint a civil service commission or act as the civil service commission. Current law provides for the abolition of a civil service commission when such commission is first appointed by the city council. The provisions of Code chapter 400 generally apply to full-time police officers and fire fighters in cities having a population of more than 8,000, and to all appointive permanent full-time employees in cities having a population of more than 15,000.
   The bill authorizes rather than requires a city with a population of at least 8,000 and with a paid police department or a paid fire department to establish a civil service commission. The bill authorizes rather than requires a civil service commission in a city having a population of more than 75,000 to appoint a clerk of the commission. The bill authorizes a city council to abolish a civil service commission regardless of whether the mayor or the city council appointed the commission. The bill provides that when a city abolishes the civil service commission, Code chapter 400 does not apply to permanent full-time police officers and fire fighters if the city has a population of more than 8,000 or to appointive permanent full-time employees if the city has a population of more than 15,000.