SF 2278 (LSB 5664SV (1) 89)

SENATE FILE 2278

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SF 2223)

A BILL FOR

An Act relating to disciplinary proceedings under civil service.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 400.18, subsections 1 and 3, Code 2022, are amended to read as follows:
   1.  A person holding civil service rights as provided in this chapter shall not be unreasonably or unjustly removed, discharged, demoted, or suspended arbitrarily, but may be removed, discharged, demoted, or suspended due to any act or failure to act by the employee that is established upon a preponderance of the evidence to be in contravention violation of clearly established law, or city policies, or standard operating procedures, or that in the judgment of the person having the appointing power as provided in this chapter, or the chief of police or chief of the fire department, is sufficient to show that the employee is unsuitable or unfit for employment.
   3.  The city shall have the burden to prove that the act or failure to act by the employee was in contravention violation of clearly established law, or city policies, or standard operating procedures, or is sufficient to show that the employee is unsuitable or unfit for employment to include establishing each element of the charge made under section 400.22 by a preponderance of the evidence.  The city shall have the burden to prove that the punishment imposed upon the employee is reasonable and just under the totality of the circumstances.
    Sec. 2.  Section 400.19, Code 2022, is amended to read as follows:
   400.19  Removal, discharge, demotion, or suspension of subordinates.
   The person having the appointing power as provided in this chapter, or the chief of police or chief of the fire department, may, upon presentation of reasonable and just grounds for such action to the subordinate in writing, peremptorily remove, discharge, demote, or suspend a subordinate then under the person’s or chief’s direction due to any proven act or failure to act by the employee that is in contravention violation of clearly established law, or city policies, or standard operating procedures, or that in the judgment of the person or chief is sufficient to show that continued employment of the employee is unsuitable or unfit for employment imminently detrimental to the public.
    Sec. 3.  Section 400.26, Code 2022, is amended to read as follows:
   400.26  Public trial.
   The trial of all appeals shall be public, and the parties may be represented by counsel or by the parties’ authorized collective bargaining representative.  However, upon the request of the employee, the deliberations of the commission shall be held in closed session.
    Sec. 4.  Section 400.27, subsections 1, 2, and 3, Code 2022, are amended to read as follows:
   1.  a.  The civil service commission has jurisdiction to hear and determine matters involving the rights of civil service employees under this chapter, and may affirm, modify, or reverse any case on its merits.
   b.  The commission shall reverse the decision and dismiss the charge with prejudice if the city fails to meet its burden of proof as to any element of the charge.
   c.  If the commission determines that the city proved the employee committed the charge, the commission shall determine whether the removal, discharge, demotion, or suspension of the employee was unreasonable or unjust based upon the totality of the circumstances. For the purposes of this subsection, the commission shall consider factors, including the nature of the conduct at issue, the proportionality of the punishment to the conduct at issue, the employee’s work history, whether the employee’s compliance with the policy was objectively unreasonable in the circumstances, the employee’s defenses or justifications, any mitigating factors, and whether the city, its employees, or the appointing authority acted in accordance with the law, city policies, or standard operating procedures. The commission shall only consider and impose discipline upon the employee for charges proven by the city.
   d.  The final decision of the commission shall be based upon a majority vote of the commission, except that removals shall be upon a unanimous vote, made in writing and shall include findings of fact and conclusions of law relied upon, and reasoning or rationale for the decision, separately stated. The commission shall render and serve its final decision upon the parties within thirty days of the close of the record or trial unless the parties consent to a later date in writing or on the record.
   2.  a.  The Except as otherwise provided in this section, the city attorney or solicitor shall be the attorney for the commission or when requested by the commission shall present matters concerning civil service employees to the commission, except the commission may hire a counselor or an attorney on a per diem basis to represent it when in the opinion of the commission there is a conflict of interest between the commission and the city council. The counselor or attorney hired by the commission shall not be the city attorney or solicitor. The city shall pay the costs incurred by the commission in employing an attorney under this section.
   b.  Upon the filing of a notice of appeal pursuant to section 400.21, a city attorney, assistant city attorney, or solicitor who represents or has represented the commission shall not represent the city or its officers or employees in an appeal pending before the commission unless the employee waives the conflict of interest in writing or on the record and the commission approves the representation. If the commission is required to hire a counselor or attorney that is not a city attorney, assistant city attorney, or solicitor as provided in this subsection, the city shall pay the costs incurred by the commission in employing an attorney or counselor under this section.
   3.  The city or any civil service employee shall have a right to appeal to the district court from the final ruling or decision of the civil service commission. The appeal shall be taken within thirty days from the filing of the formal decision of the commission. The district court of the county in which the city is located shall have full jurisdiction of the appeal. The scope of review for the appeal shall be limited to a trial de novo appellate review without a trial or additional evidence.
    Sec. 5.  Section 400.27, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  In addition to any other remedies and relief provided by law, upon request, the district court may award a prevailing employee reasonable attorney fees, expert fees, and expenses.
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 procedures governing the removal, discharge, demotion, or suspension of a person holding civil service rights as provided by Code chapter 400.
   Code section 400.18, governing the initial disciplinary action concerning a person holding civil service rights, is amended to provide that the person shall not be disciplined unless the removal authority establishes by a preponderance of the evidence that the person violated clearly established law or city policies. Current law does not establish a burden of proof and allows disciplinary action for violation of standard operating procedures that indicates the person is unfit to remain in employment.
   Code section 400.19, relating to disciplinary action of a subordinate, is amended to strike the ability to take disciplinary action for violation of standard operating procedures that indicates the person is unfit to remain in employment.
   Code section 400.26, concerning trials of appeals of disciplinary action to the civil service commission, is amended to provide that the deliberations of the commission shall be in closed session upon request of the affected employee.
   Code section 400.27, governing the jurisdiction of the civil service commission, is amended to provide that the commission shall reverse the disciplinary action with prejudice if the city fails to meet its burden of proof as to each element of the charge against the employee. The bill also provides that a decision to remove an employee from employment shall be by unanimous vote. The bill also establishes factors the commission shall consider in determining whether, if the employee committed the alleged violation, the disciplinary action was unreasonable or unjust. The bill also provides that in appeals before the commission, the commission shall hire an attorney or counsel, at the city’s expense, who is not the city attorney to represent the commission unless the employee allows the representation in writing or on the record before the commission. The bill further provides that district court review of a decision by the commission shall be by a trial de novo and that the district court may award attorney fees, expert fees, and expenses to a prevailing employee.