Senate File 2014 - Introduced SENATE FILE 2014 BY COURNOYER A BILL FOR An Act relating to investigation by a sheriff of an employee 1 who is an immediate family member of the sheriff. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5148XS (4) 90 as/js

S.F. 2014 Section 1. Section 13.2, subsection 1, Code 2024, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . q. Conduct a disciplinary or criminal 3 investigation of a deputy, assistant, or clerk of a county 4 sheriff in cases when the deputy, assistant, or clerk under 5 investigation is related to the sheriff within the fourth 6 degree of consanguinity or affinity and, if warranted, provide 7 a written accusation to the civil service commission. 8 Sec. 2. Section 80.5, Code 2024, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 13. The department shall conduct a 11 disciplinary or criminal investigation of a deputy, an 12 assistant, or a clerk of a county sheriff in cases when the 13 deputy, assistant, or clerk under investigation is related 14 to the sheriff within the fourth degree of consanguinity or 15 affinity and, if warranted, provide a written accusation to the 16 civil service commission. 17 Sec. 3. Section 331.652, subsection 7, Code 2024, is amended 18 to read as follows: 19 7. Subject to the requirements of chapter 341A and 20 section 331.903 , the sheriff may appoint and remove deputies, 21 assistants, and clerks. Except as provided in paragraph 22 “a” , the sheriff shall conduct a disciplinary or criminal 23 investigation of a deputy, assistant, or clerk prior to 24 providing a written accusation to the civil service commission, 25 as required by section 341A.12, for the removal, suspension, or 26 demotion of a deputy, assistant, or clerk. 27 a. A sheriff conducting a disciplinary or criminal 28 investigation of a deputy, assistant, or clerk who is 29 an immediate family member of the sheriff shall have the 30 investigation conducted by the attorney general or the 31 department of public safety, who, if warranted, shall provide a 32 written accusation to the civil service commission. 33 b. For purposes of this subsection, “immediate family 34 member” means an individual related to the sheriff within the 35 -1- LSB 5148XS (4) 90 as/js 1/ 3

S.F. 2014 fourth degree of consanguinity or affinity. 1 Sec. 4. Section 341A.12, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. No person in the classified civil service who has been 4 permanently appointed or inducted into civil service under 5 provisions of this chapter shall be removed, suspended, or 6 demoted except for cause, and only upon written accusation 7 of the county sheriff, or of the attorney general or the 8 department of public safety as provided in section 331.652, 9 subsection 7, paragraph “a” , which shall be served upon the 10 accused, and a duplicate filed with the commission. Any person 11 so removed, suspended, or reduced in rank or grade may, within 12 ten days after presentation to the person of the order of 13 removal, suspension , or reduction, appeal to the commission 14 from such order. The commission shall, within two weeks from 15 the filing of such appeal, hold a hearing thereon, and fully 16 hear and determine the matter, and either affirm, modify, or 17 revoke such order. The appellant shall be entitled to appear 18 in person, produce evidence, and to have counsel. The finding 19 and decision of the commission shall be certified to the 20 sheriff, and shall be enforced and followed by the sheriff, 21 but under no condition shall the employee who has appealed to 22 the commission be permanently removed, suspended, or reduced 23 in rank until such finding and decision of the commission 24 is certified to the sheriff pursuant to the rules of civil 25 procedure. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to investigation by a sheriff of an 30 employee who is an immediate family member of the sheriff. 31 Current law gives a sheriff the power, subject to the 32 requirements of Code chapter 341A (civil service for deputy 33 county sheriffs) and Code section 331.903 (appointments of 34 deputies, assistants, and clerks), to appoint and remove 35 -2- LSB 5148XS (4) 90 as/js 2/ 3

S.F. 2014 deputies, assistants, and clerks. 1 The bill provides that a sheriff conducting a disciplinary 2 or criminal investigation of an employee who is an immediate 3 family member of the sheriff shall have the investigation 4 conducted by the attorney general or the department of public 5 safety, who, if warranted, shall provide a written accusation 6 to the civil service commission. 7 The bill defines “immediate family member” as an 8 individual related to the sheriff within the fourth degree of 9 consanguinity or affinity. 10 The bill makes conforming changes. 11 -3- LSB 5148XS (4) 90 as/js 3/ 3