S.F. 2330 Section 1. Section 400.8, subsections 1 and 3, Code 2024, 1 are amended to read as follows: 2 1. The commission, when necessary under the rules, 3 including minimum and maximum age limits, which shall be 4 prescribed and published in advance by the commission and 5 posted in the city hall, shall hold examinations for the 6 purpose of determining the qualifications of applicants for 7 police officer and fire fighter positions under civil service, 8 other than promotions , which examinations shall be practical 9 in character and shall relate to matters which that will 10 fairly test the mental and physical ability of the applicant 11 to discharge the duties of the position to which the applicant 12 seeks appointment. The physical examination of applicants 13 for appointment to the positions of police officer, police 14 matron, or fire fighter shall be held in accordance with 15 medical protocols established by the board of trustees of the 16 fire and police retirement system established by section 411.5 17 and shall be conducted in accordance with the directives of 18 the board of trustees. However, the prohibitions of section 19 216.6, subsection 1 , paragraph “d” , regarding tests for the 20 presence of the antibody to the human immunodeficiency virus 21 shall not apply to such examinations. The board of trustees 22 may change the medical protocols at any time the board so 23 determines. In the event of a conflict between the medical 24 protocols established under this section and the minimum 25 entrance requirements of the Iowa law enforcement academy 26 under section 80B.11 , the medical protocols established under 27 this section shall control. The physical examination of an 28 applicant for the position of police officer, police matron, or 29 fire fighter shall be conducted after a conditional offer of 30 employment has been made to the applicant. An applicant shall 31 not be discriminated against on the basis of height, weight, 32 sex, or race in determining physical or mental ability of the 33 applicant. Reasonable rules relating to strength, agility, and 34 general health of applicants shall be prescribed. The costs of 35 -1- LSB 5801XS (2) 90 lh/js 1/ 9

S.F. 2330 the physical examination required under this subsection shall 1 be paid from the trust and agency fund of the city. 2 3. All appointments to such civil service positions shall 3 be conditional upon a probation period of not to exceed six 4 months, and in the case except that the appointment of police 5 dispatchers and fire fighters shall be conditional upon a 6 probation period not to exceed twelve months. In the case 7 of police patrol officers, if the employee has successfully 8 completed training at the Iowa law enforcement academy or 9 another training facility certified by the director of the 10 Iowa law enforcement academy before the initial appointment 11 as a police patrol officer, the probationary period shall be 12 for a period of up to nine months and shall commence with the 13 date of initial appointment as a police patrol officer. If 14 the employee has not successfully completed training at the 15 Iowa law enforcement academy or another training facility 16 certified by the director of the law enforcement academy 17 before initial appointment as a police patrol officer, the 18 probationary period shall commence with the date of initial 19 employment as a police patrol officer and shall continue for a 20 period of up to nine months following the date of successful 21 completion of training at the Iowa law enforcement academy 22 or another training facility certified by the director of 23 the Iowa law enforcement academy. A police patrol officer 24 transferring employment from one jurisdiction to another 25 shall be employed subject to a probationary period of up to 26 nine months. However, in cities with a population over one 27 hundred seventy-five thousand, appointments to the position 28 of fire fighter shall be conditional upon a probation period 29 of not to exceed twenty-four months. During the probation 30 period, the appointee may be removed or discharged from such 31 position by the appointing person or body without the right 32 of appeal to the commission. A person removed or discharged 33 during a probationary period shall, at the time of discharge, 34 be given a notice in writing stating the reason or reasons 35 -2- LSB 5801XS (2) 90 lh/js 2/ 9

S.F. 2330 for the dismissal. A copy of such notice shall be promptly 1 filed with the commission. Continuance in the position after 2 the expiration of such probationary period shall constitute a 3 permanent appointment. 4 Sec. 2. Section 400.9, subsections 1 and 3, Code 2024, are 5 amended to read as follows: 6 1. The commission shall, at such times as shall be found 7 necessary, under such rules as shall be prescribed and 8 published in advance by the commission, and posted in the 9 city hall, hold competitive promotional examinations for the 10 purpose of determining the qualifications of police officer 11 and fire fighter applicants for promotion to a higher grade 12 under civil service, which examinations shall be practical in 13 character, and shall relate to such matters as will fairly test 14 the ability of the applicant to discharge the duties of the 15 position to which the applicant seeks promotion. 16 3. a. Vacancies Except as provided in paragraph “b” , 17 vacancies in civil service promotional grades shall be filled 18 by lateral transfer, voluntary demotion, or promotion of 19 employees of the city to the extent that the city employees 20 qualify for the positions. When laterally transferred, 21 voluntarily demoted, or promoted, an employee shall hold full 22 civil service rights in the position. If an employee of the 23 city does not pass the promotional examination and otherwise 24 qualify for a vacated position, or if an employee of the city 25 does not apply for a vacated position, an entrance examination 26 may be used to fill the vacancy the city may fill the position 27 with an initial appointment . 28 b. Vacancies in promotional grades for police officer and 29 fire fighter positions shall be filled by lateral transfer, 30 voluntary demotion, or promotion of employees of the city to 31 the extent that the city employees qualify for the positions. 32 When laterally transferred, voluntarily demoted, or promoted, 33 an employee shall hold full civil service rights in the 34 position. If an employee of the city does not pass the 35 -3- LSB 5801XS (2) 90 lh/js 3/ 9

S.F. 2330 applicable promotional examination and otherwise qualify for a 1 vacated position, or if an employee of the city does not apply 2 for a vacated position, an entrance examination may be used to 3 fill the vacancy. 4 Sec. 3. Section 400.9, subsection 4, unnumbered paragraph 5 1, Code 2024, is amended to read as follows: 6 If there is a certified list of qualified candidates for a 7 police officer or fire fighter promotional appointment, the 8 following procedures shall be followed: 9 Sec. 4. Section 400.9, subsection 5, paragraph b, Code 2024, 10 is amended to read as follows: 11 b. All civil service employees police officers and fire 12 fighters of a city who meet the minimum qualifications for a 13 classification shall have the right to compete in the civil 14 service examination process to establish a certified list of 15 qualified candidates. 16 Sec. 5. Section 400.11, Code 2024, is amended to read as 17 follows: 18 400.11 Names certified —— temporary appointment. 19 1. a. The commission, within one hundred eighty days after 20 the beginning of each competitive examination for original 21 appointment of a police officer or fire fighter , shall certify 22 to the city council a list of the names of forty persons, or 23 a lesser number as determined by the commission, who qualify 24 with the highest standing as a result of each examination for 25 the position they seek to fill, or the number which that have 26 qualified if less than forty, in the order of their standing, 27 and all newly created police officer or fire fighter offices 28 or other vacancies in vacant police officer and fire fighter 29 positions under civil service which that occur before the 30 beginning of the next examination for the positions shall be 31 filled from the lists, or from the preferred list existing if 32 provided for in case of diminution of employees, within thirty 33 days. If a tie occurs in the examination scores which that 34 would qualify persons for the last position on the list, the 35 -4- LSB 5801XS (2) 90 lh/js 4/ 9

S.F. 2330 list of the names of the persons who qualify with the highest 1 standing as a result of each examination shall include all 2 persons who qualify for the last position. Preference for 3 temporary service in civil service positions shall be given 4 those on the lists. However, the commission may certify a 5 list of names eligible for appointment subject to successfully 6 completing a medical examination. The medical examination 7 shall be provided pursuant to commission rules adopted under 8 section 400.8 . 9 b. The commission may hold in reserve, for original 10 appointments, additional lists of forty persons, each next 11 highest in standing, in order of their grade, or such number 12 as may qualify if less than forty. If the list of up to forty 13 persons provided in the first paragraph is exhausted within one 14 year, the commission may certify such additional lists of up to 15 forty persons each, in order of their standing, to the council 16 as eligible for appointment to fill such police officer and 17 fire fighter vacancies as may exist. 18 2. a. The commission, within ninety days after the 19 beginning of each competitive examination for promotion, 20 shall certify to the city council a list of names of the ten 21 persons who qualify with the highest standing as a result 22 of each examination for the police officer or fire fighter 23 position the persons seek to fill, or the number which that 24 have qualified if less than ten, in the order of their standing 25 and all newly created offices or other vacancies in positions 26 under civil service which that occur before the beginning of 27 the next examination for the positions shall be filled from 28 the lists, or from the preferred list existing if provided for 29 in the case of diminution of employees, within thirty days. 30 If a tie occurs in the examination scores which that would 31 qualify persons for the tenth position on the list, the list 32 of names of the persons who qualify with the highest standing 33 as a result of each examination shall include all persons who 34 qualify for the tenth position. 35 -5- LSB 5801XS (2) 90 lh/js 5/ 9

S.F. 2330 b. Except where the preferred list exists, persons on the 1 certified eligible list for promotion shall hold preference for 2 promotion for two years following the date of certification, 3 except for certified eligible lists of fire fighters as 4 defined in section 411.1, subsection 10 , which lists shall hold 5 preference for three years upon approval of the commission, 6 after which the lists shall be canceled and promotion to the 7 grade shall not be made until a new list has been certified 8 eligible for promotion. 9 3. When there is no such preferred list or certified 10 eligible list, or when the eligible list shall be exhausted, 11 the person or body having the appointing power may temporarily 12 fill a newly created office or other vacancy for a police 13 officer or fire fighter only until an examination can be 14 held and the names of qualified persons be certified by the 15 commission, and such temporary appointments are hereby limited 16 to ninety days for any one person in the same vacancy, but such 17 limitation shall not apply to persons temporarily acting in 18 positions regularly held by another. A temporary appointment 19 to a position regularly held by another shall, whenever 20 possible, be made according to the certified eligible list. 21 Any person temporarily filling a vacancy in a position of 22 higher grade for twenty days or more, shall receive the salary 23 paid in such higher grade. 24 Sec. 6. Section 400.15, Code 2024, is amended to read as 25 follows: 26 400.15 Appointing powers. 27 1. All appointments or promotions to police officer and fire 28 fighter positions within the scope of this chapter other than 29 those of chief of police and chief of fire department shall be 30 made: 31 a. In cities under the commission form of government, by 32 the superintendents of the respective departments, with the 33 approval of the city council. 34 b. a. In cities under the city manager plan, by the city 35 -6- LSB 5801XS (2) 90 lh/js 6/ 9

S.F. 2330 manager. 1 c. b. In all other cities, with the approval of the city 2 council. 3 d. c. In the police and fire departments, by the chiefs of 4 the respective departments. 5 2. All such appointments or promotions shall promptly 6 be reported to the clerk of the commission by the appointing 7 officer. An appointing authority may transfer an employee, 8 other than police officers and fire fighters, from one 9 department to the same civil service classification in another 10 department, and such employee shall retain the same civil 11 service status. 12 Sec. 7. Section 400.17, subsections 1 and 2, Code 2024, are 13 amended to read as follows: 14 1. Except as otherwise provided in section 400.7 , a 15 person shall not be appointed, promoted, or employed in 16 any capacity, including a new classification, in the fire 17 or police department , or any department which is governed 18 by the civil service, until the person has passed a civil 19 service examination as provided in this chapter , and has 20 been certified to the city council as being eligible for the 21 appointment. However, in an emergency in which the peace and 22 order of the city is threatened by reason of fire, flood, 23 storm, or mob violence, making additional protection of life 24 and property necessary, the person having the appointing 25 power may deputize additional persons, without examination, 26 to act as peace officers until the emergency has passed. A 27 person may be appointed to a position subject to successfully 28 completing a civil service medical examination. A person shall 29 not be appointed or employed in any capacity in the fire or 30 police department if the person is unable to meet reasonable 31 physical condition training requirements and reasonable level 32 of experience requirements necessary for the performance of 33 the position; if the person is a habitual criminal; if the 34 person is addicted to narcotics or alcohol and has not been 35 -7- LSB 5801XS (2) 90 lh/js 7/ 9

S.F. 2330 rehabilitated for a period of one year or more, or is not 1 presently undergoing treatment; or if the person has attempted 2 a deception or fraud in connection with a civil service 3 examination. 4 2. Except as otherwise provided in this section and section 5 400.7 , a person shall not be appointed or employed in any 6 capacity in any department which that is governed by civil 7 service if the person is unable to meet reasonable physical 8 condition training requirements and reasonable level of 9 experience requirements necessary for the performance of the 10 position; if the person is addicted to narcotics or alcohol 11 and has not been rehabilitated for a period of one year or 12 more, or is not presently undergoing treatment; or if the 13 person has attempted a deception or fraud in connection with a 14 civil service examination. Additionally, a person shall not 15 be appointed or employed as a police officer or fire fighter 16 if the person is unable to meet reasonable physical condition 17 training requirements. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to civil service hiring practices and 22 examinations. Current law provides procedures for examinations 23 and hiring practices for open or newly created civil service 24 positions. 25 The bill provides that only an open or new police officer 26 or fire fighter position may be subject to an examination. 27 Current law allows a civil service position to utilize an 28 examination examining mental and physical ability in the hiring 29 process. An initial or promotional examination may only be 30 utilized for the appointment or promotion of a police officer 31 or fire fighter. 32 The bill provides that a certified list of each 33 examination’s highest standing applicants for police officer 34 and fire fighter positions shall be given to the city council. 35 -8- LSB 5801XS (2) 90 lh/js 8/ 9

S.F. 2330 The civil service commission may hold more applicants in 1 reserve in the case there are no remaining eligible applicants 2 to fill open police officer and fire fighter positions. Only a 3 police officer or a fire fighter may be hired temporarily until 4 an examination can be held and the position can be filled by a 5 qualified applicant. 6 The bill requires all applicants for police and fire 7 department appointments, promotions, and employment to be 8 certified as eligible to the city council. A person shall not 9 be appointed as a police officer or fire fighter if the person 10 does not meet physical training, experience, substance use, and 11 character requirements. 12 -9- LSB 5801XS (2) 90 lh/js 9/ 9