SF 2205 (LSB 2363SZ (2) 90)

SENATE FILE 2205

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SF 454)
(SUCCESSOR TO SF 266)

A BILL FOR

An Act relating to civil service requirements for the hiring of certain public safety positions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 400.8, subsection 2, Code 2024, is amended to read as follows:
   2.  The commission shall establish the guidelines for conducting the examinations under subsection 1 of this section. The commission shall hire persons with expertise to prepare and administer the examinations approved by the commission. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination.  An applicant who has successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy does not need to retake a civil service examination upon changing employment from one Iowa law enforcement agency to another Iowa law enforcement agency, or upon becoming employed by more than one Iowa law enforcement agency simultaneously, if the applicant has previously passed a civil service examination when the applicant was initially hired as a certified peace officer and if, without a break of not more than one hundred eighty days from prior law enforcement service, the applicant is hired by another Iowa law enforcement agency.
    Sec. 2.  NEW SECTION.  400.12A  Hiring practices —— suspension —— reinstatement.
   1.  For purposes of this section, “sworn public safety personnel” includes fire fighters, fire chiefs, assistant fire chiefs, police officers, police chiefs, and assistant police chiefs for the respective fire department or police department of a city.
   2. A city council, by majority vote, may suspend the practices specified in subsection 3 that are generally required pursuant to this chapter for the hiring of sworn public safety personnel. A suspension shall not be in effect for more than one year, but a city council may immediately vote to implement a new suspension of the required practices upon the expiration of the prior suspension. Upon the expiration of a suspension, hiring practices required under this chapter shall be immediately reinstated for the applicable positions. A city council, by majority vote, may reinstate hiring practices suspended pursuant to this section prior to the expiration of the suspension. A subsequent vote to suspend required hiring practices, even if the vote occurs prior to the original expiration date of the prior suspension, shall be considered a vote for a new suspension.
   3.  The provisions of section 400.11, subsection 1, paragraph “a” may be suspended as provided in subsection 2.
   4.  a.  This section does not relieve sworn public safety personnel from the requirements to complete all examinations and tests applicable to those persons for positions subject to the provisions of this chapter.
   b.  This section shall not be construed to preclude sworn public safety personnel from accessing rights, benefits, or privileges provided outside of this chapter.
   5.  Unless otherwise provided by law, a city council may suspend the generally required hiring practices specified in this section only for sworn public safety personnel as provided in this section.
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 civil service requirements for the hiring of certain city public safety positions. Under current law, Code chapter 400 (civil service) sets forth a variety of provisions relating to hiring civil service employees, including examinations, probationary periods, veteran preferences, and other qualifications.
   The bill allows an applicant changing law enforcement agencies to forego the civil service examination if the applicant meets certain criteria.
   The bill allows a city council to suspend the requirement that a civil service commission submit to the city council a certified list of 40 persons who qualify with the highest standing as a result of each examination for an original appointment for the hiring of sworn public safety personnel.
   A suspension shall not be in effect for more than one year, but a city council may immediately vote to implement a new suspension upon the expiration of the prior suspension. Required hiring practices shall be immediately reinstated upon the expiration of a suspension. A city council may vote to reinstate hiring practices prior to the expiration of a suspension. A subsequent vote to suspend required hiring practices is considered a vote for a new suspension.