S.F. 2223 Section 1. Section 400.18, subsections 1 and 3, Code 2022, 1 are amended to read as follows: 2 1. A person holding civil service rights as provided in 3 this chapter shall not be unreasonably or unjustly removed, 4 discharged, demoted, or suspended arbitrarily, but may be 5 removed, discharged, demoted, or suspended due to any act or 6 failure to act by the employee that is established upon a 7 preponderance of the evidence to be in contravention violation 8 of clearly established law , or city policies , or standard 9 operating procedures, or that in the judgment of the person 10 having the appointing power as provided in this chapter , 11 or the chief of police or chief of the fire department, is 12 sufficient to show that the employee is unsuitable or unfit for 13 employment . 14 3. The city shall have the burden to prove that the 15 act or failure to act by the employee was in contravention 16 violation of clearly established law , or city policies , or 17 standard operating procedures, or is sufficient to show that 18 the employee is unsuitable or unfit for employment to include 19 establishing each element of the charge made under section 20 400.22 by a preponderance of the evidence . The city shall 21 have the burden to prove that the punishment imposed upon the 22 employee is reasonable and just under the totality of the 23 circumstances. 24 Sec. 2. Section 400.19, Code 2022, is amended to read as 25 follows: 26 400.19 Removal, discharge, demotion, or suspension of 27 subordinates. 28 The person having the appointing power as provided in 29 this chapter , or the chief of police or chief of the fire 30 department, may, upon presentation of reasonable and just 31 grounds for such action to the subordinate in writing, 32 peremptorily remove, discharge, demote, or suspend a 33 subordinate then under the person’s or chief’s direction due 34 to any proven act or failure to act by the employee that is in 35 -1- LSB 5664XS (4) 89 ec/rn 1/ 5

S.F. 2223 contravention violation of clearly established law , or city 1 policies , or standard operating procedures, or that in the 2 judgment of the person or chief is sufficient to show that 3 continued employment of the employee is unsuitable or unfit for 4 employment imminently detrimental to the public . 5 Sec. 3. Section 400.26, Code 2022, is amended to read as 6 follows: 7 400.26 Public trial. 8 The trial of all appeals shall be public, and the parties 9 may be represented by counsel or by the parties’ authorized 10 collective bargaining representative. However, upon the 11 request of the employee, the deliberations of the commission 12 shall be held in closed session. 13 Sec. 4. Section 400.27, subsections 1, 2, and 3, Code 2022, 14 are amended to read as follows: 15 1. a. The civil service commission has jurisdiction to hear 16 and determine matters involving the rights of civil service 17 employees under this chapter , and may affirm, modify, or 18 reverse any case on its merits. 19 b. The commission shall reverse the decision and dismiss the 20 charge with prejudice if the city fails to meet its burden of 21 proof as to any element of the charge. 22 c. If the commission determines that the city proved the 23 employee committed the charge, the commission shall determine 24 whether the removal, discharge, demotion, or suspension of the 25 employee was unreasonable or unjust based upon the totality 26 of the circumstances. For the purposes of this subsection, 27 the commission shall consider factors, including the nature of 28 the conduct at issue, the proportionality of the punishment 29 to the conduct at issue, the employee’s work history, whether 30 the employee’s compliance with the policy was objectively 31 unreasonable in the circumstances, the employee’s defenses or 32 justifications, any mitigating factors, and whether the city, 33 its employees, or the appointing authority acted in accordance 34 with the law, city policies, or standard operating procedures. 35 -2- LSB 5664XS (4) 89 ec/rn 2/ 5

S.F. 2223 The commission shall only consider and impose discipline upon 1 the employee for charges proven by the city. 2 d. The final decision of the commission shall be based 3 upon a majority vote of the commission, except that removals 4 shall be upon a unanimous vote, made in writing and shall 5 include findings of fact and conclusions of law relied upon, 6 and reasoning or rationale for the decision, separately stated. 7 The commission shall render and serve its final decision upon 8 the parties within thirty days of the close of the record or 9 trial unless the parties consent to a later date in writing or 10 on the record. 11 2. a. The Except as otherwise provided in this section, 12 the city attorney or solicitor shall be the attorney for the 13 commission or when requested by the commission shall present 14 matters concerning civil service employees to the commission, 15 except the commission may hire a counselor or an attorney 16 on a per diem basis to represent it when in the opinion of 17 the commission there is a conflict of interest between the 18 commission and the city council. The counselor or attorney 19 hired by the commission shall not be the city attorney or 20 solicitor. The city shall pay the costs incurred by the 21 commission in employing an attorney under this section . 22 b. Upon the filing of a notice of appeal pursuant to section 23 400.21, a city attorney, assistant city attorney, or solicitor 24 who represents or has represented the commission shall not 25 represent the city or its officers or employees in an appeal 26 pending before the commission unless the employee waives the 27 conflict of interest in writing or on the record and the 28 commission approves the representation. If the commission is 29 required to hire a counselor or attorney that is not a city 30 attorney, assistant city attorney, or solicitor as provided in 31 this subsection, the city shall pay the costs incurred by the 32 commission in employing an attorney or counselor under this 33 section. 34 3. The city or any civil service employee shall have a 35 -3- LSB 5664XS (4) 89 ec/rn 3/ 5

S.F. 2223 right to appeal to the district court from the final ruling or 1 decision of the civil service commission. The appeal shall be 2 taken within thirty days from the filing of the formal decision 3 of the commission. The district court of the county in which 4 the city is located shall have full jurisdiction of the appeal. 5 The scope of review for the appeal shall be limited to a 6 trial de novo appellate review without a trial or additional 7 evidence . 8 Sec. 5. Section 400.27, Code 2022, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 6. In addition to any other remedies and 11 relief provided by law, upon request, the district court may 12 award a prevailing employee reasonable attorney fees, expert 13 fees, and expenses. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to procedures governing the removal, 18 discharge, demotion, or suspension of a person holding civil 19 service rights as provided by Code chapter 400. 20 Code section 400.18, governing the initial disciplinary 21 action concerning a person holding civil service rights, is 22 amended to provide that the person shall not be disciplined 23 unless the removal authority establishes by a preponderance of 24 the evidence that the person violated clearly established law 25 or city policies. Current law does not establish a burden of 26 proof and allows disciplinary action for violation of standard 27 operating procedures that indicates the person is unfit to 28 remain in employment. 29 Code section 400.19, relating to disciplinary action 30 of a subordinate, is amended to strike the ability to take 31 disciplinary action for violation of standard operating 32 procedures that indicates the person is unfit to remain in 33 employment. 34 Code section 400.26, concerning trials of appeals of 35 -4- LSB 5664XS (4) 89 ec/rn 4/ 5

S.F. 2223 disciplinary action to the civil service commission, is amended 1 to provide that the deliberations of the commission shall be in 2 closed session upon request of the affected employee. 3 Code section 400.27, governing the jurisdiction of the civil 4 service commission, is amended to provide that the commission 5 shall reverse the disciplinary action with prejudice if the 6 city fails to meet its burden of proof as to each element 7 of the charge against the employee. The bill also provides 8 that a decision to remove an employee from employment shall 9 be by unanimous vote. The bill also establishes factors the 10 commission shall consider in determining whether, if the 11 employee committed the alleged violation, the disciplinary 12 action was unreasonable or unjust. The bill also provides that 13 in appeals before the commission, the commission shall hire 14 an attorney or counsel, at the city’s expense, who is not the 15 city attorney to represent the commission unless the employee 16 allows the representation in writing or on the record before 17 the commission. The bill further provides that district court 18 review of a decision by the commission shall be by a trial 19 de novo and that the district court may award attorney fees, 20 expert fees, and expenses to a prevailing employee. 21 -5- LSB 5664XS (4) 89 ec/rn 5/ 5