SF 454 (LSB 2363SV (2) 90)

SENATE FILE 454

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SF 266)

A BILL FOR

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

    Section 1.  NEW SECTION.  400.12A  Hiring practices —— suspension —— reinstatement.
   1. A city council, by majority vote, may suspend the practices specified in subsection 2 that are generally required pursuant to this chapter for the hiring of fire fighters, fire chiefs, assistant fire chiefs, police officers, police chiefs, or assistant police chiefs. 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.
   2.  Any of the following practices generally required pursuant to this chapter may be suspended as provided in subsection 1:
   a.  The provisions of section 400.11, subsection 1, paragraph “a”.
   b.  The provisions of section 400.11, subsection 2, paragraph “a”, requiring a civil service commission to 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 position the persons seek to fill in the order of their standing.
   c.  The provisions of section 400.17, subsection 1, requiring a person to be certified to the city council as being eligible for the appointment prior to the person being appointed, promoted, or employed in any capacity, including a new classification, in the fire or police department.
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 a city council to suspend civil service hiring practices specified in the bill for the hiring of fire fighters, fire chiefs, assistant fire chiefs, police officers, police chiefs, or assistant police chiefs.
   These include (1) submission to the city council of a certified list of 40 persons who qualify with the highest standing as a result of each examination for an original appointment, (2) submission to the city council of a certified list of 10 persons who qualify with the highest standing as a result of each examination for a promotion, and (3) the prerequisite that a person be certified as eligible prior to being appointed, promoted, or employed.
   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.