SF 2330 (LSB 5801XS (2) 90)

SENATE FILE 2330

BY  WESTRICH

A BILL FOR

An Act relating to civil service hiring processes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 400.8, subsections 1 and 3, Code 2024, are amended to read as follows:
   1.  The commission, when necessary under the rules, including minimum and maximum age limits, which shall be prescribed and published in advance by the commission and posted in the city hall, shall hold examinations for the purpose of determining the qualifications of applicants for police officer and fire fighter positions under civil service, other than promotions, which examinations shall be practical in character and shall relate to matters which that will fairly test the mental and physical ability of the applicant to discharge the duties of the position to which the applicant seeks appointment. The physical examination of applicants for appointment to the positions of police officer, police matron, or fire fighter shall be held in accordance with medical protocols established by the board of trustees of the fire and police retirement system established by section 411.5 and shall be conducted in accordance with the directives of the board of trustees. However, the prohibitions of section 216.6, subsection 1, paragraph “d”, regarding tests for the presence of the antibody to the human immunodeficiency virus shall not apply to such examinations. The board of trustees may change the medical protocols at any time the board so determines. In the event of a conflict between the medical protocols established under this section and the minimum entrance requirements of the Iowa law enforcement academy under section 80B.11, the medical protocols established under this section shall control. The physical examination of an applicant for the position of police officer, police matron, or fire fighter shall be conducted after a conditional offer of employment has been made to the applicant. An applicant shall not be discriminated against on the basis of height, weight, sex, or race in determining physical or mental ability of the applicant. Reasonable rules relating to strength, agility, and general health of applicants shall be prescribed. The costs of the physical examination required under this subsection shall be paid from the trust and agency fund of the city.
   3.  All appointments to such civil service positions shall be conditional upon a probation period of not to exceed six months, and in the case except that the appointment of police dispatchers and fire fighters shall be conditional upon a probation period not to exceed twelve months. In the case of police patrol officers, if the employee has successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy before the initial appointment as a police patrol officer, the probationary period shall be for a period of up to nine months and shall commence with the date of initial appointment as a police patrol officer. If the employee has not successfully completed training at the Iowa law enforcement academy or another training facility certified by the director of the law enforcement academy before initial appointment as a police patrol officer, the probationary period shall commence with the date of initial employment as a police patrol officer and shall continue for a period of up to nine months following the date of successful completion of training at the Iowa law enforcement academy or another training facility certified by the director of the Iowa law enforcement academy. A police patrol officer transferring employment from one jurisdiction to another shall be employed subject to a probationary period of up to nine months. However, in cities with a population over one hundred seventy-five thousand, appointments to the position of fire fighter shall be conditional upon a probation period of not to exceed twenty-four months. During the probation period, the appointee may be removed or discharged from such position by the appointing person or body without the right of appeal to the commission. A person removed or discharged during a probationary period shall, at the time of discharge, be given a notice in writing stating the reason or reasons for the dismissal. A copy of such notice shall be promptly filed with the commission. Continuance in the position after the expiration of such probationary period shall constitute a permanent appointment.
    Sec. 2.  Section 400.9, subsections 1 and 3, Code 2024, are amended to read as follows:
   1.  The commission shall, at such times as shall be found necessary, under such rules as shall be prescribed and published in advance by the commission, and posted in the city hall, hold competitive promotional examinations for the purpose of determining the qualifications of police officer and fire fighter applicants for promotion to a higher grade under civil service, which examinations shall be practical in character, and shall relate to such matters as will fairly test the ability of the applicant to discharge the duties of the position to which the applicant seeks promotion.
   3.  a.  Vacancies Except as provided in paragraph “b”, vacancies in civil service promotional grades shall be filled by lateral transfer, voluntary demotion, or promotion of employees of the city to the extent that the city employees qualify for the positions. When laterally transferred, voluntarily demoted, or promoted, an employee shall hold full civil service rights in the position. If an employee of the city does not pass the promotional examination and otherwise qualify for a vacated position, or if an employee of the city does not apply for a vacated position, an entrance examination may be used to fill the vacancy the city may fill the position with an initial appointment.
   b.  Vacancies in promotional grades for police officer and fire fighter positions shall be filled by lateral transfer, voluntary demotion, or promotion of employees of the city to the extent that the city employees qualify for the positions. When laterally transferred, voluntarily demoted, or promoted, an employee shall hold full civil service rights in the position. If an employee of the city does not pass the applicable promotional examination and otherwise qualify for a vacated position, or if an employee of the city does not apply for a vacated position, an entrance examination may be used to fill the vacancy.
    Sec. 3.  Section 400.9, subsection 4, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   If there is a certified list of qualified candidates for a police officer or fire fighter promotional appointment, the following procedures shall be followed:
    Sec. 4.  Section 400.9, subsection 5, paragraph b, Code 2024, is amended to read as follows:
   b.  All civil service employees police officers and fire fighters of a city who meet the minimum qualifications for a classification shall have the right to compete in the civil service examination process to establish a certified list of qualified candidates.
    Sec. 5.  Section 400.11, Code 2024, is amended to read as follows:
   400.11  Names certified —— temporary appointment.
   1.  a.  The commission, within one hundred eighty days after the beginning of each competitive examination for original appointment of a police officer or fire fighter, shall certify to the city council a list of the names of forty persons, or a lesser number as determined by the commission, who qualify with the highest standing as a result of each examination for the position they seek to fill, or the number which that have qualified if less than forty, in the order of their standing, and all newly created police officer or fire fighter offices or other vacancies in vacant police officer and fire fighter positions under civil service which that occur before the beginning of the next examination for the positions shall be filled from the lists, or from the preferred list existing if provided for in case of diminution of employees, within thirty days. If a tie occurs in the examination scores which that would qualify persons for the last position on the list, the list of the names of the persons who qualify with the highest standing as a result of each examination shall include all persons who qualify for the last position. Preference for temporary service in civil service positions shall be given those on the lists. However, the commission may certify a list of names eligible for appointment subject to successfully completing a medical examination. The medical examination shall be provided pursuant to commission rules adopted under section 400.8.
   b.  The commission may hold in reserve, for original appointments, additional lists of forty persons, each next highest in standing, in order of their grade, or such number as may qualify if less than forty. If the list of up to forty persons provided in the first paragraph is exhausted within one year, the commission may certify such additional lists of up to forty persons each, in order of their standing, to the council as eligible for appointment to fill such police officer and fire fighter vacancies as may exist.
   2.  a.  The commission, within ninety days after the beginning of each competitive examination for promotion, shall certify to the city council a list of names of the ten persons who qualify with the highest standing as a result of each examination for the police officer or fire fighter position the persons seek to fill, or the number which that have qualified if less than ten, in the order of their standing and all newly created offices or other vacancies in positions under civil service which that occur before the beginning of the next examination for the positions shall be filled from the lists, or from the preferred list existing if provided for in the case of diminution of employees, within thirty days. If a tie occurs in the examination scores which that would qualify persons for the tenth position on the list, the list of names of the persons who qualify with the highest standing as a result of each examination shall include all persons who qualify for the tenth position.
   b.  Except where the preferred list exists, persons on the certified eligible list for promotion shall hold preference for promotion for two years following the date of certification, except for certified eligible lists of fire fighters as defined in section 411.1, subsection 10, which lists shall hold preference for three years upon approval of the commission, after which the lists shall be canceled and promotion to the grade shall not be made until a new list has been certified eligible for promotion.
   3.  When there is no such preferred list or certified eligible list, or when the eligible list shall be exhausted, the person or body having the appointing power may temporarily fill a newly created office or other vacancy for a police officer or fire fighter only until an examination can be held and the names of qualified persons be certified by the commission, and such temporary appointments are hereby limited to ninety days for any one person in the same vacancy, but such limitation shall not apply to persons temporarily acting in positions regularly held by another. A temporary appointment to a position regularly held by another shall, whenever possible, be made according to the certified eligible list. Any person temporarily filling a vacancy in a position of higher grade for twenty days or more, shall receive the salary paid in such higher grade.
    Sec. 6.  Section 400.15, Code 2024, is amended to read as follows:
   400.15  Appointing powers.
   1.  All appointments or promotions to police officer and fire fighter positions within the scope of this chapter other than those of chief of police and chief of fire department shall be made:
   a.  In cities under the commission form of government, by the superintendents of the respective departments, with the approval of the city council.
   b.  a.  In cities under the city manager plan, by the city manager.
   c.  b.  In all other cities, with the approval of the city council. 
   d.  c.  In the police and fire departments, by the chiefs of the respective departments.
   2.  All such appointments or promotions shall promptly be reported to the clerk of the commission by the appointing officer. An appointing authority may transfer an employee, other than police officers and fire fighters, from one department to the same civil service classification in another department, and such employee shall retain the same civil service status.
    Sec. 7.  Section 400.17, subsections 1 and 2, Code 2024, are amended to read as follows:
   1.  Except as otherwise provided in section 400.7, a person shall not be appointed, promoted, or employed in any capacity, including a new classification, in the fire or police department, or any department which is governed by the civil service, until the person has passed a civil service examination as provided in this chapter, and has been certified to the city council as being eligible for the appointment. However, in an emergency in which the peace and order of the city is threatened by reason of fire, flood, storm, or mob violence, making additional protection of life and property necessary, the person having the appointing power may deputize additional persons, without examination, to act as peace officers until the emergency has passed. A person may be appointed to a position subject to successfully completing a civil service medical examination. A person shall not be appointed or employed in any capacity in the fire or police department if the person is unable to meet reasonable physical condition training requirements and reasonable level of experience requirements necessary for the performance of the position; if the person is a habitual criminal; if the person is addicted to narcotics or alcohol and has not been rehabilitated for a period of one year or more, or is not presently undergoing treatment; or if the person has attempted a deception or fraud in connection with a civil service examination.
   2.  Except as otherwise provided in this section and section 400.7, a person shall not be appointed or employed in any capacity in any department which that is governed by civil service if the person is unable to meet reasonable physical condition training requirements and reasonable level of experience requirements necessary for the performance of the position; if the person is addicted to narcotics or alcohol and has not been rehabilitated for a period of one year or more, or is not presently undergoing treatment; or if the person has attempted a deception or fraud in connection with a civil service examination.  Additionally, a person shall not be appointed or employed as a police officer or fire fighter if the person is unable to meet reasonable physical condition training requirements.
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 hiring practices and examinations. Current law provides procedures for examinations and hiring practices for open or newly created civil service positions.
   The bill provides that only an open or new police officer or fire fighter position may be subject to an examination. Current law allows a civil service position to utilize an examination examining mental and physical ability in the hiring process. An initial or promotional examination may only be utilized for the appointment or promotion of a police officer or fire fighter.
   The bill provides that a certified list of each examination’s highest standing applicants for police officer and fire fighter positions shall be given to the city council. The civil service commission may hold more applicants in reserve in the case there are no remaining eligible applicants to fill open police officer and fire fighter positions. Only a police officer or a fire fighter may be hired temporarily until an examination can be held and the position can be filled by a qualified applicant.
   The bill requires all applicants for police and fire department appointments, promotions, and employment to be certified as eligible to the city council. A person shall not be appointed as a police officer or fire fighter if the person does not meet physical training, experience, substance use, and character requirements.