H.F. _____ Section 1. Section 400.18, subsections 1 and 3, Code 2023, 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 upon a finding by a preponderance of the 7 evidence that the employee committed an act or failure to act 8 that is in contravention violation of clearly established 9 law , city or reasonable city policies , or standard operating 10 procedures, or that in the judgment of the person having the 11 appointing power as provided in this chapter , or the chief of 12 police or chief of the fire department , is sufficient to show 13 that the employee is unsuitable or unfit for employment rules . 14 3. The city shall have the burden to prove that the act or 15 failure to act by the employee was in contravention violation 16 of clearly established law , or reasonable city policies , or 17 standard operating procedures, or is sufficient to show that 18 the employee is unsuitable or unfit for employment department 19 rules . For purposes of this chapter, the city shall establish 20 each element of the charges specified under section 400.22 21 by a preponderance of the evidence. The city shall have the 22 burden to prove that the punishment imposed upon the employee 23 is proportionate, reasonable, and just in the totality of the 24 circumstances. 25 Sec. 2. Section 400.19, Code 2023, is amended to read as 26 follows: 27 400.19 Removal, discharge, demotion, or suspension of 28 subordinates. 29 The person having the appointing power as provided in 30 this chapter , or the chief of police or chief of the fire 31 department, may, upon presentation of reasonable and just 32 grounds for such action to the subordinate in writing, 33 peremptorily remove, discharge, demote, or suspend a 34 subordinate then under the person’s or chief’s direction due 35 -1- LSB 1984YC (2) 90 je/rn 1/ 7

H.F. _____ to any proven act or failure to act by the employee that is 1 in contravention violation of clearly established law , or 2 city policies , or standard operating procedures, or that in 3 the judgment of the person or chief is sufficient immediately 4 detrimental to show that the employee is unsuitable or unfit 5 for employment public . 6 Sec. 3. NEW SECTION . 400.22A Exculpatory evidence. 7 A person shall not knowingly withhold exculpatory evidence 8 from an employee subject to a written specification of charges 9 filed under section 400.22. 10 Sec. 4. Section 400.24, Code 2023, is amended to read as 11 follows: 12 400.24 Oaths —— books and papers. 13 The presiding officer of the commission or the council, as 14 the case may be, shall have power to administer oaths in the 15 same manner and with like effect and under the same penalties 16 as in the case of magistrates exercising criminal or civil 17 jurisdiction. The council or commission shall cause subpoenas 18 to be issued for such witnesses and the production of such 19 books and papers as either party may designate. The subpoenas 20 shall be signed by the chairperson of the commission or mayor, 21 as the case may be , or by an attorney representing a party 22 before the commission . 23 Sec. 5. Section 400.26, Code 2023, is amended to read as 24 follows: 25 400.26 Public trial. 26 The trial of all appeals shall be public, and the parties 27 may be represented by counsel or by the parties’ authorized 28 collective bargaining representative. However, upon the 29 request of the employee, the deliberations of the commission 30 shall be held in closed session. 31 Sec. 6. Section 400.27, subsections 1, 2, and 3, Code 2023, 32 are amended to read as follows: 33 1. a. The civil service commission has jurisdiction to hear 34 and determine matters involving the rights of civil service 35 -2- LSB 1984YC (2) 90 je/rn 2/ 7

H.F. _____ employees under this chapter , and may affirm, modify, or 1 reverse any case on its merits. 2 b. If the commission determines that the city proved the 3 employee committed the charge as specified, the commission 4 shall determine whether the removal, discharge, demotion, 5 or suspension of the employee was unreasonable or unjust 6 based upon the totality of the circumstances. For the 7 purposes of this subsection, the commission shall consider 8 factors including the nature of the conduct at issue in the 9 circumstances, the proportionality of the punishment to the 10 conduct at issue, the employee’s work history, whether the 11 employee reasonably could comply with the policy or rule in 12 the circumstances and whether the employee’s conduct was 13 objectively reasonable in the circumstances, the employee’s 14 defenses or justifications, any mitigating or aggravating 15 factors, whether the punishment is reasonably calculated to 16 correct the employee’s behavior or conduct or if the punishment 17 is necessary to protect the public interest, and whether the 18 city, its employees, or the appointing authority acted in 19 accordance with the law, city policies, department rules, or 20 standard operating procedures. The commission shall only 21 consider, order, or impose discipline upon the employee for 22 charges proven by the city. 23 c. The commission shall reverse the city’s decision and 24 dismiss a charge with prejudice if the city fails to meet its 25 burden of proof as to any element of the charge. 26 d. The final decision of the commission shall be based upon 27 a majority vote of the commission, except that removals shall 28 be upon a unanimous vote, made in writing and shall include 29 findings of fact and conclusions relied upon, and reasoning or 30 rationale for the decision, separately stated. The commission 31 shall render and serve its final decision upon the parties 32 within thirty days of the close of the record or trial unless 33 the parties consent to a later date in writing or on the 34 record. 35 -3- LSB 1984YC (2) 90 je/rn 3/ 7

H.F. _____ 2. a. The Except as otherwise provided in this section, 1 the city attorney or solicitor shall be the attorney for the 2 commission or when requested by the commission shall present 3 matters concerning civil service employees to the commission, 4 except the commission may hire a counselor or an attorney 5 on a per diem basis to represent it when in the opinion of 6 the commission there is a conflict of interest between the 7 commission and the city council. The counselor or attorney 8 hired by the commission shall not be the city attorney or 9 solicitor. The city shall pay the costs incurred by the 10 commission in employing an attorney under this section . 11 b. Upon the filing of a notice of appeal pursuant to 12 section 400.21, a city attorney, assistant city attorney, or 13 solicitor who represents or has represented the commission 14 shall not represent the city or its officers or employees in 15 an appeal pending before the commission unless the employee 16 waives the conflict of interest in writing or on the record. 17 If the commission is required to hire a counselor or attorney 18 that is not a city attorney, assistant city attorney, or 19 solicitor as provided in this subsection, the city shall pay 20 the costs incurred by the commission in employing an attorney 21 or counselor under this section. 22 c. An attorney or counselor who represents the commission 23 in an appeal before the commission shall be fair and impartial 24 toward the parties. The attorney representing the commission 25 may provide advice and counsel to the commission on matters 26 before it and assist the commission with its proceedings and 27 trial as may be necessary or requested. 28 3. The city or any civil service employee shall have a 29 right to appeal to the district court from the final ruling or 30 decision of the civil service commission. The appeal shall be 31 taken within thirty days from the filing service of the formal 32 decision of the commission. The district court of the county 33 in which the city is located shall have full jurisdiction 34 of the appeal. The scope of review for the appeal shall be 35 -4- LSB 1984YC (2) 90 je/rn 4/ 7

H.F. _____ limited to a trial de novo appellate review without a trial or 1 additional evidence . 2 Sec. 7. Section 400.27, Code 2023, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 2A. The commission shall provide for the 5 production of evidence and exchange of exhibits in advance of 6 trial. The city shall mark its exhibits with numbers. The 7 employee shall mark its exhibits with letters. 8 NEW SUBSECTION . 6. In addition to any other remedies 9 and relief, upon application, the district court may award a 10 prevailing employee reasonable attorney fees, expert fees, and 11 costs and expenses. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to procedures governing disciplinary 16 action taken against a city employee holding civil service 17 rights as provided by Code chapter 400. 18 The bill strikes language providing that an employee holding 19 civil service rights shall not be subject to disciplinary 20 action arbitrarily, but may be subject to disciplinary action 21 due to any act or failure to act by the employee that is in 22 contravention of law, city policies, or standard operating 23 procedures, or that in the judgment of the person imposing 24 disciplinary action, is sufficient to show that the employee 25 is unsuitable or unfit for employment. The bill instead 26 provides that an employee holding civil service rights shall 27 not be unreasonably or unjustly subject to disciplinary action, 28 but may be subject to disciplinary action upon a finding by 29 a preponderance of the evidence that the employee committed 30 an act or failure to act that is in violation of clearly 31 established law or reasonable city policies or department 32 rules. 33 The bill strikes language allowing an appointing authority 34 to peremptorily impose disciplinary action on a subordinate, 35 -5- LSB 1984YC (2) 90 je/rn 5/ 7

H.F. _____ upon presentation of grounds for such action to the 1 subordinate, due to any act or failure to act by the employee 2 that is in contravention of law, city policies, or standard 3 operating procedures, or that in the judgment of the authority 4 is sufficient to show that the employee is unsuitable or 5 unfit for employment. The bill instead allows an appointing 6 authority to peremptorily impose disciplinary action on a 7 subordinate, upon presentation of reasonable and just grounds 8 for such action to the subordinate, due to any proven act or 9 failure to act by the employee that is in violation of clearly 10 established law or city policies or is immediately detrimental 11 to the public. 12 The bill includes various changes relating to appeals of 13 decisions regarding disciplinary action to city civil service 14 commissions. When an employee is charged with a violation, the 15 bill provides that the city shall establish each element of the 16 charges by a preponderance of the evidence and shall have the 17 burden to prove that the punishment imposed upon the employee 18 is proportionate, reasonable, and just in the totality of the 19 circumstances. The bill prohibits a person from knowingly 20 withholding exculpatory evidence from an employee so charged. 21 The bill permits an attorney representing a party in such an 22 appeal to sign a subpoena. The bill authorizes the commission 23 to deliberate in closed session upon request of the employee. 24 The bill requires the commission to provide for the production 25 of evidence and exchange of exhibits in advance of trial. 26 If the city civil commission determines that the city proved 27 the employee committed the charge as specified, the bill 28 requires the commission to determine whether the disciplinary 29 action was unreasonable or unjust based upon the totality of 30 the circumstances based on factors including those specified 31 in the bill. The bill provides that the commission shall 32 only consider, order, or impose discipline upon the employee 33 for charges proven by the city. The bill provides that the 34 commission shall reverse the city’s decision and dismiss a 35 -6- LSB 1984YC (2) 90 je/rn 6/ 7

H.F. _____ charge with prejudice if the city fails to meet its burden 1 of proof as to any element of the charge. The bill provides 2 that the final decision of the commission shall be based upon 3 a majority vote of the commission, except that removals shall 4 be upon a unanimous vote, made in writing and shall include 5 findings of fact and conclusions relied upon, and reasoning 6 or rationale for the decision, separately stated. The bill 7 requires the commission to render and serve its final decision 8 upon the parties within 30 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 The bill provides procedures for counsel representing the 12 city in an appeal to a city civil services commission. 13 The bill strikes language providing that the scope of review 14 for an appeal of the decision of the city civil service to 15 district court shall be limited to de novo appellate review 16 without a trial or additional evidence. The bill instead 17 provides that the scope of review shall be a trial de novo. 18 The bill provides that in addition to any other remedies and 19 relief, upon application, the district court may award a 20 prevailing employee reasonable attorney fees, expert fees, and 21 costs and expenses. 22 -7- LSB 1984YC (2) 90 je/rn 7/ 7